Appealing long term sick dismissal

TELLIT01

JReacher1 wrote: »

I doubt you would win a tribunal case. At the point you were dismissed you had been off sick with stress for over 12 months, it appears that after you were dismissed you then became better and were ready to return to work. Unfortunately at this point it is too late.

It could possibly be argued that your health improved because you lost the job. You no longer had the stressful situation of being expected to return to the place which may have been contributing to the problem.

TBagpuss

Were you fit to work at the time the meeting was held at which the decision was made to dismiss you? If so, had you provided a fit note at that point?

If the situation changed between your dismissal and the appeal, then your employer should have considered the new medical evidence, but of course if they considered it but determined that in their view, you were not capable of resuming work, then the dismissal may well still be fair.(e.g. if they considered the new evidence, felt it was weak and that they were not satisfied that you would be able to return)

If the information could have been available at the first hearing but you failed to produce it, then the approach may well be different, as there would be no change to the circumstances since the original decision was made.

Was the original stress work related?

System

fideliofan wrote: »

Basically I've been off work since July 2017 on long term sick with stress. I was dismissed for 'capability' last month but I spoke to my doctor and she said that she thinks I am now fit to return.

Bit of coincidence that, wouldn't you say?