Case Report: Dismissal due to stress contributed to by the employer

In McAdie v Royal Bank of Scotland [2007] EWCA Civ 806 the Court of Appeal endorsed the EAT's approach in finding that an employer could fairly dismiss an employee for ill-health capability despite the fact that the employee's stress-related illness was attributed to the conduct of the employer.

Although the cause of the employee's incapability is a relevant factor for the tribunal to consider when determining whether or not a dismissal is fair, the key issue is whether the employer acted reasonably in all the circumstances, which include the fact that the employer was responsible for the ill-health.
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.
Print pagePrintable Version

Latest News

Mandatory Eviction Powers for Local Authorities? Mandatory Eviction Powers for Local Authorities?
Swiss Bank Accounts - 6,000 Letters on the Way Swiss Bank Accounts - 6,000 Letters on the Way
Long-Term Sickness and the Accrual of Annual Leave Long-Term Sickness and the Accrual of Annual Leave
Unauthorised Database Use to Cost Companies Unauthorised Database Use to Cost Companies
Directors Who Misled Creditor Personally Liable Directors Who Misled Creditor Personally Liable
Court Refuses HMRC Right of Appeal in Tax Avoidance Case Court Refuses HMRC Right of Appeal in Tax Avoidance Case
Disability - Reasonable Adjustments and Their Chance of Success Disability - Reasonable Adjustments and Their Chance of Success
HMRC and ICAEW Announcements - Landlords Take Note HMRC and ICAEW Announcements - Landlords Take Note
Cookie Consent - Are You Prepared? Cookie Consent - Are You Prepared?
First Conviction Under the Bribery Act First Conviction Under the Bribery Act