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Dismissal for long-term disability-related absence

In a recent case a disabled civil servant was dismissed for long term sickness absence. As he had been dismissed for capability, he was entitled to Civil Service Compensation Scheme (CSCS) payments.

The Employment Appeal Tribunal (EAT) held that the tribunal had erred when it found that the employer’s choice to reduce the CSCS payments was discriminatory (due to the employee’s substandard attitude while on sick leave). However, the EAT upheld the tribunal’s decision that the dismissal itself did not constitute discrimination arising from disability.

The EAT found that the employee’s dismissal was justified by the employer’s intention to achieve a transparent and fair sickness management regime and to maintain effective use of resources.