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If the employer causes the incapacity to work can a dismissal be fair within the range of reasonable responses?

The answer is yes.

In the case of McAdie v RBS plc it was held that, although the cause of the incapacity needs to be taken into account, the fact was that, in this case dismissal was the only option.

The employer handled a grievance procedure poorly, which led to long term sick absence for a ‘severe adjustment disorder’.

At a subsequent meeting the employee indicated several times she was unable to consider a return to work.

Because the employer had caused the illness it was held that in such circumstances employers should ‘go the extra mile’ in finding alternative work or consider extending normal sick leave.

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