The Xperthr Podcast

Naeema Choudry, partner at Eversheds Sutherland, joins us to discuss the EAT decision of Kelly v Royal Mail Group which highlights common issues and dilemmas associated with long-term poor attendance, including constructive knowledge of disability and the weight to attach to occupational health advice. We also discuss how a decision to dismiss for poor attendance may fall within the band of reasonable responses, even where it was acknowledged to be harsh.