Medical Incapacity Dismissal Fair Despite Repeated Postponements
The Employment Appeal Tribunal (EAT) has upheld a Tribunal decision that an employee was fairly dismissed for medical incapacity, despite the termination date being postponed on several occasions.
Background
In the case of Garcha-Singh v British Airways PLC, Mr Garcha-Singh was employed by BA as cabin crew. BA's absence management policy was incorporated into his contract of employment. The policy set out a procedure to follow in the event of medical incapacity. It contained no reference to termination dates being postponed.
Mr Garcha-Singh went on sick leave in 2016 and was absent for over a year. BA gave notice of the termination of his employment in 2017, with termination due to take effect in early 2018, However, the termination date was postponed seven times; each time in an attempt to accommodate Mr Garcha-Singh's health and to support his return to work. In December 2018, BA decided not to postpone the termination date any further, and Mr Garcha-Singh's termination took effect. Mr Garcha-Singh brought various Tribunal claims, including a claim for unfair dismissal.
The Tribunal dismissed all of the claims, and Mr Garcha-Singh appealed to the EAT.
EAT Decision
The EAT dismissed the appeal. BA had only given notice of termination a year after Mr Garcha-Singh went on sick leave. This could not be said to be unreasonable. It was unusual to give notice of termination and then set review meetings to consider whether the termination could be varied. However, BA had taken this action in order to allow Mr Garcha-Singh an opportunity to return to work. This was to Mr Garcha-Singh's advantage even though the process was stressful for him. The purpose of the absence management policy was not to cover every eventuality. It therefore did not prevent a manager from postponing the date on which a termination takes effect.The process did not breach Mr Garcha-Singh's contract of employment.
Learning Points
From time to time, employers may vary previously issued notices of termination (for example, in a redundancy or a restructure). This is a useful demonstration of the fact that it is possible for employers to act fairly and reasonably in taking such action, particularly where the variation is to the employee's advantage.
For more information or advice regarding , please contact Ellie Boyd in our Employment on 020 7665 0940, or complete the form below.