Dundee City Council v Sharp - Procedural fairness of dismissal no more important in sick absence cases than in any other cases  EAT
Procedural fairness is no more important in sickness absence cases that it is in any other case of dismissal. An employment tribunal sets too high a hurdle if it judges the fairness of the decision to dismiss by looking at what else an employer could have done that might have changed the outcome: that is too technical and over-analytical an approach.
Mr Sharp had been employed by the council for 35 years as a joiner. He had been off work with depression and anxiety for about a year. His health was monitored throughout his absence. and occupational health support provided. His condition did not improve. However, after a period of about 12 months an occupational health physician reported that he would be able to return to work in one to three months and that he could return as a joiner when his GP issued a final certificate.