Key Points
- The existence of a medical reason is not a reason which can justify dismissal by itself
- The most common potentially fair reason to justify dismissal for medical reasons is capability
- An employer considering a lack of capability or poor performance caused by ill-health must still follow a fair procedure
- If a lack of capability is caused by a disability, steps must be taken to obtain appropriate medical evidence and advice, and thought given to making reasonable adjustments in order to avoid claims of disability discrimination.
Current:
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