Locations
The claimant was employed as a claims manager from 7 April 2008 until August 2013. The claimant went on sick leave on 7 September 2012. The employer obtained a medical report in December 2012 and this indicated that the claimant was unfit for work, but that she may be able to return within the next two to three months. The claimant became pregnant during her absence and a further medical report was obtained in April 2013. This stated that she could currently return to an alternative administrative role and that the claimant should be able to return to her original role following maternity leave.
The claimant was requested to attend a meeting on 10 May 2013 and the claimant was issued with a final written warning which provided that she would be dismissed if she did not return to work within an eight week period. The claimant was due to commence maternity leave on 28 August 2013. A further medical report was obtained on 17 July 2013 which indicated that the claimant’s original condition was not making her unfit for work, however the claimant had developed a second pregnancy-related condition which was impacting her fitness to work and which was expected to resolve following the birth. A further review meeting took place by telephone on 30 July 2013 and the claimant was dismissed by letter dated 1 August 2013. The employer failed to allow the claimant an opportunity to adjourn the meeting to enable her to obtain a report from her Consultant. Furthermore, the claimant was not advised that the meeting was a disciplinary hearing. The claimant’s dismissal was upheld on appeal.
The Employment Appeals Tribunal (“EAT”) noted that the employer failed to consider two medical reports provided by the claimant and the procedures used in terminating the claimant’s employment “were tainted by unfairness”, particularly where the claimant was not advised that her dismissal was a possibility at the meeting on 30 July 2013. The EAT found that the dismissal was procedurally unfair and awarded the claimant €20,000 in compensation, the equivalent of six months’ pay. The employee was awarded a further €1,515 for a claim in respect of minimum notice. The decision is a reminder to employers to follow a fair process when terminating employees who are absent on sick leave. A full copy of the decision can be viewed here.