{"id":177527,"date":"2022-10-22T14:18:30","date_gmt":"2022-10-22T13:18:30","guid":{"rendered":"https:\/\/legalvision.co.uk\/?p=177527"},"modified":"2022-10-26T05:57:38","modified_gmt":"2022-10-26T04:57:38","slug":"dismissing-employees-on-long-term-sick-leave","status":"publish","type":"post","link":"https:\/\/legalvision.co.uk\/employment\/dismissing-employees-on-long-term-sick-leave\/","title":{"rendered":"Dismissing Employees on Long-Term Sick Leave"},"content":{"rendered":"

If you have an employee on long-term sick leave, you may be concerned about their ability to return to the workplace. Likewise, you may question if they can continue their job once they return. In some cases, you may feel that they will not be capable of performing their duties. In which case, you may feel the need to dismiss them. However, doing so carries substantial risks because the law gives employees on long-term sick leave certain rights. If you fail to honour your obligations as an employer, the law may hold you liable. This article will explain certain key considerations regarding dismissing employees on long-term sick leave.\u00a0<\/span><\/p>\n

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What Is Long-term Sick Leave?<\/span><\/h2>\n

The law generally considers an employee to be on long-term sick leave if they are absent for four or more weeks due to an illness or injury. However, your employment policy<\/a> may specify a different period. Regardless, where an employee is on long-term sick leave, you should be sensitive towards their illness and handle the issue compassionately.\u00a0<\/span><\/p>\n

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Before Taking Dismissal Action<\/span><\/h2>\n

As an employer, you should have a sickness absence policy that preempts the approach you take towards long-term sick leave. Specifically, the policy should outline the circumstances for dismissing employees on long-term sick leave<\/span><\/p>\n

The general rule is that you can only dismiss employees on long-term sick leave when you conclude they can no longer do their job effectively. If you think this is the case for a particular employee, there are several considerations you should undertake before dismissal.\u00a0<\/span><\/p>\n

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Allow your employees time to recover from their sickness<\/span><\/h3>\n

Before dismissing employees on long-term sick leave, you should provide them with a reasonable time to recover. What is reasonable depends on the nature of their illness. For instance, if an employee has suffered a broken bone expected to fully heal in eight weeks, the law may conclude you acted unreasonably in dismissing them after two weeks.\u00a0<\/span><\/p>\n

On the other hand, an employee battling cancer may be uncertain as to their recovery. You may therefore be legally entitled to dismiss them, though you may wish to consider the wider implications in doing so.\u00a0<\/span><\/p>\n

Finally, you can still retain an employee on long-term sick leave without necessarily paying them in full. If you dismiss an employee because you wrongly assumed you had to pay them, the law may hold you to act unreasonably. Instead, they may draw statutory sick pay (SSP) until they recover.\u00a0<\/span><\/p>\n

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Consider how to support your employee.<\/span><\/h3>\n

Can you make reasonable adjustments upon an employee\u2019s return that will enable them to do their job effectively? If so, the law is unlikely to conclude that you were entitled to dismiss them. You should therefore ensure you have considered the various ways in which you can implement reasonable adjustments in the workplace upon their return.\u00a0<\/span><\/p>\n

This is vitally important where an employee has a disability \u2014 including where it arises as a consequence of their illness \u2014 because they are protected from unlawful discrimination<\/a>. If you fail to make reasonable adjustments, they may make a claim against you in an employment tribunal.\u00a0<\/span><\/p>\n

Ideally, you should discuss any support measures with your employee, including:<\/span><\/p>\n