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Can an Employer Be under a Duty to Dismiss an Employee for His Own Good in Order to Protect His Health??

Published online by Cambridge University Press:  27 June 2003

Jesse Elvin
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Extract

Suppose that an employee has some personal idiosyncrasy that puts him at risk while performing work that can be safely performed by virtually all his colleagues? If the employer simply has no alternative work reasonably available, what is he to do if the employee, with full understanding of the situation, nevertheless prefers to run those risks rather than have no job at all? Coxall v. Goodyear Great Britain Ltd. [2002] EWCA Civ 1010 suggests that the employer may be under a common law duty to dismiss the employee for his own good so as to protect his health.

Type
Case and Comment
Information
The Cambridge Law Journal , Volume 62 , Issue 1 , 01 March 2003 , pp. 20 - 23
Copyright
Copyright © Cambridge Law Journal and Contributors 2003

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