ACAS Disciplinary Code not applicable to ill health dismissals
- Date: Tuesday 30th August 2016
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In Holmes v Qinetiq Ltd, Mr Holmes had been employed as a security guard for a number of years before being dismissed for ill health. He filed a claim for unfair dismissal because his employer had not obtained a recent medical report before dismissing and the tribunal ruled in Mr Holme’s favour. He then put in an additional claim for a compensation uplift due to Qinetig not following the ACAS code of practice when going through a dismissal process.
EAT dismissed the eventual appeal, confirming that the ACAS code only applies to disciplinary matters relating to conduct or performance, but not to medical capability situations.
However, if you are considering dismissal on medical grounds for an employee, you must still remember that they are entitled to a fair process and professional medical review, before making a decision.
Source: Manuela Grossmann