Dismissal decision is a managerial one, not a medical one

Dismissal decision is a managerial one, not a medical one

Overturning a tribunal’s finding of unfair dismissal, the EAT has held that an employer had properly decided on the basis of the evidence available to it, which included a report from occupational health and a clinical psychologist, that an employee was not fit to return to his stressful managerial role. His dismissal for ‘capability’ (or rather the lack of it) was fair. The EAT reiterated that the decision to dismiss an employee is a managerial one and not a medical one. An employer should make its own assessment of the risk to an employee’s health from returning to work.

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