DB Schenker Rail (UK) Ltd v Doolan - Employer's not doctor's reasonable view determining fairness of dismissal for lack of capability [2011] EAT

  • The standard of evidence and level of enquiry required in a "capability" unfair dismissal case is no higher than in a "conduct" unfair dismissal case.
  • It is an error of law for a tribunal to order anĀ  employee's reinstatement to the employer's pension scheme if such reinstatement is beyond the employer's control.

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