When stress leads to dismissal
In a recent case, the Court of Appeal ruled that even when an employer's conduct leads to an employee's inability to perform their job through work-related stress, their subsequent dismissal on the grounds of that incapacity is not necessarily unfair.
The complicated case in question centred on a Customer Services Officer who worked for a high street bank. It featured a series of claims and counter-claims firstly to an Employment Tribunal and eventually the Employment Appeal Tribunal (EAT).
The EAT decided that the dismissal was fair at the time that it took place. Otherwise, it declared, "employers would be obliged to keep on their books indefinitely employees who were incapable of any useful work." This decision was upheld by the Court of Appeal.
However due to the individual circumstances of the case, employers would be wise not to conclude that its decision absolves them of their duty of care to employees. Every case is unique, and any employer in serious dispute with an employee should seek specialist legal advice before taking any action.
Contact
Judith Ellery Head of Employment
Angelina Rigby Partner
Bethan Southcombe Solicitor
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This article summarises the law on issues which we believe may be of interest to your business. It is not a comprehensive review of the subjects and accordingly is published without responsibility for loss occasioned to any person(s) acting or refraining from action as a result of information published. This document is provided for information only and does not constitute legal advice. Professional legal advice should be obtained before taking or refraining from any action as a result of the contents of this document.