Sickness dismissal

Case 8: The facts

Mr Frewin was dismissed for sickness absence. He believed that the dismissal was unfair because the main reason for his stress-related illness was his employer's failure to handle his grievance properly.

The ruling

The EAT held that employment tribunals could not find in the employee's favour just because their illness was attributable in whole or in part to the employer's actions. However, while it does not necessarily make a dismissal unfair, neither should the cause of the illness be completed disregarded.

* Frewin v Consignia EAT/0981/02