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The importance of taking into account all factors before dismissal


An employee with 23 years’ “loyal” service who was sacked a month after telling his employer that he suffered from a sleep breathing disorder was unfairly dismissed, a tribunal has ruled.

Following a number of warnings relating to a consistently high numbers of errors being made by the employee, he was dismissed for conduct, after his manager concluded that they did not relate to his health issues. His dismissal was held to be unfair because his employer had disregarded his health, possible alternative roles and his length of service.


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