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The Governing Body of Ridings High School has won the claim brought against it by an employee alleging unfair dismissal. Miss Miller had retired on grounds of ill health, but later accused her employers of discharging her unfairly.

The EAT (Employment Appeal Tribunal), decided that her claim was invalid since it does not fall under any of the three categories for unfair dismissal, and because her retirement was clearly based on mutual consent.

The unfair dismissal claims are limited to those employees who have been dismissed; those whose fixed term contract has expired; or those who resigned due to some action of the employer’s.

Employers need to keep themselves up to date with health and safety developments to avoid potential legal action from employers by taking a health and safety courses such as the iosh directing safely from Workplace Law Training.

There is an increasing number of cases being filed by employees, who having taken retirement on ill health grounds, claim unfair dismissal by the employer, and Miller v. Governing Body of Ridings High School is simply one of them. However, the ruling in this case is of great significance as it brings relief to employers, who have had to suffer due to such frivolous claims.

The ruling, while reassuring for employers, still requires them to be cautious, since:

• If it is proved that the resignation was forced, then the claim will still be valid,
• The claimant can allege disability discrimination, especially, failure to make reasonable adjustments, and make a successful claim
• If the paperwork does not make it clear that the retirement has the consent of the employee and is in no way being forced upon him/her, a claim may still be valid.

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