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The EAT held it did not in a case where culpable conduct was not alleged. However a fair procedure is still required.

In Holmes v QinetiQ the claimant, who had extensive absences due to pain, won an unfair dismissal claim where the employer failed to obtain an up-to-date OH report after an operation which effectively resolved his pain.

However, the EAT held there could be no uplift in compensation for the employer having failed to comply with the ACAS code, since the code did not apply here.

Even if future cases uphold this decision, it is very important to note that a fair procedure is still required in ill health cases. For more, see Grievance and disciplinary procedures> Does the ACAS Code apply to ill health dismissals?