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Dundee City Council v Sharp - Procedural fairness of dismissal no more important in sick absence cases than in any other cases [2011] 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.

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