Ann Gallagher v Donegal County Council

Posted In: Case Law
  • Case Reference
    [2000] UD1694/2013
  • Legal Body
    Employment Appeals Tribunal (EAT)
  • Type of Claim / Jurisdiction
    Dismissal, Absence and Sickness
Issues covered: Sickness Absence; Sick Leave; Long Term Sick; Medical Evidence; Constructive Dismissal; Medical Retirement

The claimant worked for the respondent, a County Council, from 1999. She felt that she was constructively dismissed by way of forced retirement as of the 2013. She had been off sick since 2007.

When the respondent eventually took steps to have the claimant medically assessed, there seems to have been some doubt about the claimant's abilities to return to work and certainly her own GP reckoned she was “permanently unfit for work”.

The claimant accepted medical retirement and then sought to appeal this. She decided it would be better for her to take a career break rather than early retirement; or a part-time position should have been found to accommodate her working less hours.

The EAT found

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This article is correct at 23/12/2015

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