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The Employment Appeal Tribunal (EAT) has ruled on a case in which the claimant had been dismissed on the grounds of ill health.

The dismissal was unfair because of the failure to obtain an up-to-date occupational health report. The claimant contended that the ACAS Code applied and that due to a failure to follow the code, he was entitled to an uplift on the damages awarded.

The EAT agreed with the employment tribunal that the ACAS Code did not apply.

The ACAS Code applies to cases where an employee's acts or omissions involve culpable conduct i.e. misconduct and poor performance. See

This is intended for general information only and should not be considered as giving advice in relation to any individual case nor be taken as applying to any particular case. No liability is accepted for any such use of the information contained.


Standout firm known for its personal insolvency work for clients including private companies, individuals and governmental institutions. Frequently acts for insolvency practitioners, assisting with the realisation of assets, both in the UK and abroad.

Chambers and Partners

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