Sickness absence and dismissal

Case 6: The facts

Edward Spence had already been through various stages of the sickness absence procedure when he became the victim of a street crime assault leading to him being off work. This absence triggered the last stage in the sickness absence procedure and Spence was dismissed.

The ruling

The EAT upheld the dismissal. The procedure itself was not unfair and was a reasonable way of controlling absence. Within the terms of the sickness absence procedure (which had been agreed with the union) there was an assumption that any dismissal would be fair.

Royal Mail v Spence EATS/0040/03