The worker’s health may be relevant not only to how disciplinary proceedings are handled but also whether complaints should be brought at all.
In Private Medicine Intermediaries v Hodkinson www.bailii.org
the employee was off sick with depression and anxiety. She was known to be very ill, and the employer raised complaints which were ‘not serious’ and ‘did not need to be raised at that stage’.
The Employment Appeal Tribunal upheld her claim that the employer was liable for constructive unfair dismissal.