Dealing with an employee who is experiencing long term sickness can be a difficult and challenging situation for both employers and employees. When an employee is unable to carry out their role due to illness, it may be necessary for the employer to consider dismissing them. However, dismissing an employee who is on long term sick leave can be a complex process that requires careful consideration and adherence to legal obligations.
Dismissal due to long term sickness is often a last resort for employers and is typically done after all other options have been exhausted. Employers have a legal obligation to support their employees who are ill and to make reasonable adjustments to help them return to work. However, if it becomes clear that an employee is unable to return to work, even with adjustments, then dismissal may be the only option.
Before considering dismissal, employers should take the following steps:
1. Keep in touch with the employee: It is important to maintain regular communication with the employee while they are off sick. This can help to keep them engaged with the workplace and informed about any changes or developments.
2. Obtain medical evidence: Employers should request medical evidence from the employee to confirm the nature and extent of their illness. This can help to establish whether the employee is likely to be able to return to work in the future.
3. Consider adjustments: Employers should explore all possible adjustments that could be made to help the employee return to work. This could include flexible working hours, changes to their duties, or providing additional support.
4. Consult with the employee: Before making any decisions about dismissal, employers should consult with the employee to discuss their situation and explore any possible alternatives to dismissal.
If, despite these efforts, it becomes clear that the employee is unlikely to be able to return to work, then dismissal may be considered. However, dismissing an employee who is on long term sick leave is a complicated process that requires careful consideration.
Legal Considerations
When considering dismissal due to long term sickness, employers must adhere to the following legal obligations:
1. Consideration of disability: If the employee’s illness amounts to a disability under the Equality Act 2010, then employers have a duty to make reasonable adjustments to support the employee. Dismissing a disabled employee without considering reasonable adjustments could lead to a claim for discrimination.
2. Statutory sick pay: Employers should ensure that the employee is receiving their entitlement to statutory sick pay and comply with any contractual sick pay arrangements.
3. Unfair dismissal: Dismissing an employee due to long term sickness could potentially be classed as unfair dismissal if the correct procedures are not followed. Employers should ensure that they follow a fair process, including obtaining medical evidence, consulting with the employee, and exploring alternatives to dismissal.
4. Fit for work assessment: Employers may consider arranging a fit for work assessment with an occupational health professional to determine the employee’s ability to return to work.
Navigating the complexities of long term sick dismissal requires careful consideration and adherence to legal obligations. Employers should seek legal advice if they are unsure of their obligations or the correct procedures to follow. Dismissing an employee due to long term sickness is a serious step that should only be taken as a last resort, after all other options have been exhausted.
In conclusion, managing long term sick dismissal is a challenging process that requires employers to balance their obligations to support their employees with the need to maintain an efficient and effective workforce. By following the correct procedures and seeking legal advice where necessary, employers can ensure that they handle the dismissal process in a fair and legally compliant manner. However, it is essential to approach the situation with empathy and compassion, recognizing the impact that long term sickness can have on both the employee and the employer.