EMPLOYMENT LAW

As a general rule, when an employee is absent through ill health in the long term, an employer will be expected, prior to dismissing the employee, to take reasonable steps to consult him, to ascertain by means of appropriate medical evidence the nature of his condition, and to consider alternative employment.

An employer which takes such steps will generally meet the standard set out in ERA 1996, s 98(4). Where, however, an employer provides an enhanced pension on retirement through ill health, it will also be expected to take reasonable steps to ascertain whether the employee is entitled to the benefit of ill-health retirement.