THE FACT that an employer has caused a worker's stress-related condition does not necessarily mean they cannot dismiss the worker fairly if they are incapable of working, according to a recent Employment Appeal Tribunal (EAT) judgment. The judgment in Royal Bank of Scotland v McAdie overturned an earlier employment tribunal decision that held that McAdie, a bank worker on long-term stress-related sickness absence caused by bullying and mismanagement at work, was unfairly dismissed. Royal Bank of Scotland appealed against the decision.
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