The Court of Session has confirmed that, in considering whether a dismissal for ill-health is unfair, the tribunal must consider the following issues:

  • whether the employer could be expected to wait any longer and, if so, for how much longer (and relevant factors could include whether the employee has exhausted his/her sick pay, whether the employer was able to call on temporary staff, and the size of the organisation)
  • the extent to which the employee had been consulted with and his/her views taken into account, and whether these views were properly balanced against the medical opinion
  • whether reasonable steps had been taken to discover the employee’s medical condition and likely prognosis
  • length of service is relevant in terms of whether the employee’s length and manner of service indicates that the employee is likely to return to work as soon as he/she can.

(BS v Dundee Council, CS).