Garcha-Singh v British Airways plc

Subject Matter

EMPLOYMENT — Unfair dismissal — Reasonableness of dismissal — Contract of employment incorporating employer’s absence management policy — Policy setting out procedure where employee unable to carry out job due to medical incapacity — Procedure giving right to appeal decision to terminate employment — Claimant given notice of dismissal expiring in four months following lengthy sickness absences — Employer extending termination date on seven occasions though no provision for extensions in policy — Claimant unsuccessfully appealing dismissal decision after third extension — Whether employer in breach of contract in repeatedly varying termination date — Whether in breach of contract in failing to afford appeal from decision not to extend further — Whether actions within range of reasonable responses — Employment Rights Act 1996 (c 18), s 98(4)

[2023] EAT 97; [2023] ICR 1458; [2023] WLR(D) 331, EAT