Unrelating

Claiming unfair dismissal is common in workplaces. However, there are certain conditions that must be met for the claim to be valid, says EAT. Such a claim can be made by individuals who resign in response to certain unfair steps taken by the employers, or those who are dismissed or come to the end of their contract. Other than the employees who fall under such scenarios, no other individual has a right to claim unfair dismissal.

Of late, there have been many cases where people who retire due to health reasons raise a claim against the employer saying that they were dismissed unfairly. Employers are not too happy with this trend, as they believe that ill health retirement takes place only by the consent of both parties, leaving no room for unfair dismissal claims by employees.

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Providing some relief to employers, the EAT has in Miller v. Governing Body of Ridings High School held that since ill health retirement is through mutual consent, employees cannot thereafter make claim it to be unfair. Employers feel that the EAT’s decision is correct, as employees otherwise take advantage of the ill health retirement provisions.

However, there are certain exceptions when the employees can make a claim such as:

• if they prove forced resignation;
• if they prove disability discrimination; or
• if the employers do not show paperwork that makes it clear that the ill health retirement has taken place by mutual consent, and has not been forced upon on the employee.