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Should an employer look to retire or dismiss an employee who is absent on ill-health grounds?

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Should an employer look to retire or dismiss an employee who is absent on ill-health grounds?

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H worked as a bus driver for First West Yorkshire (‘First’), and as a benefit of his employment was entitled to 26 weeks full pay, followed by 26 weeks half pay when off work due to illness, and a pension scheme permitting retirement on grounds of ill-health if the employee were deemed to be permanently incapable of efficiently discharging his duties. In June 2005 H suffered a stroke and the DVLA suspended H’s driving licence for a period of 12 months. First’s occupational health advisor was of the opinion that H might be well enough to undertake alternative duties as of June 2006, but that H may not be able to drive at that time. H then had a second stroke in October 2005. As a result, one of First’s managers took the view that H’s incapacity was permanent and that H should be dismissed for incapability. H appealed the dismissal and was assessed by an independent medical practitioner who found that H’s condition could not be classified as permanent and that it would be likely that H w

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