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Westminster City Council v Sohal - Unfair dismissal decision was plainly correct [2012] EAT

A decision that a dismissal is unfair based on a point not raised by the Claimant or the ET will not always be set aside if that decision is plainly correct.  

Mrs Sohal was employed by Westminster from 1986 to 2010. From 2000 onwards she took a substantial number of days off sick; in April 2009 she was placed on stage 2 of Westminster's Enhanced Sickness Procedure (ESP), stage 1 having been missed out. She was set targets in relation to days taken sick. In addition there were issues with her performance in respect of which she was requested attend a meeting in February 2010, under Westminster's Unsatisfactory Performance Procedure (UPP). She went on sick leave before that meeting took place, remaining off work for 98 days.

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