Common misconceptions

Can I be dismissed if I have been off ill for some time?

In the case of long-term ill health there will come a time when it is reasonable for the Employer to consider dismissal. Before dismissing, the Employer would be expected to speak to the Employee about the situation and ascertain the likelihood of a return to work. It will normally be appropriate to obtain a medical report to establish a prognosis. In the event that return is unlikely in the foreseeable future or it is unclear, that may make it fair to dismiss.

In a case in which the Employee falls within the definition of the Equality Act 2010 consideration will have to be made as to whether reasonable adjustments can be made to assist the Employee's return before a final decision on dismissal is made. In the case of frequent short term absences, a fair dismissal may be possible if the attendance falls well below the required standard for attendance. It would be expected that the Employee has been given the opportunity to improve and gone through a fair procedure such as the ACAS procedure.

Can I be dismissed if I have been off ill for some time?

In the case of long-term ill health there will come a time when it is reasonable for the Employer to consider dismissal. Before dismissing, the Employer would be expected to speak to the Employee about the situation and ascertain the likelihood of a return to work. It will normally be appropriate to obtain a medical report to establish a prognosis. In the event that return is unlikely in the foreseeable future or it is unclear, that may make it fair to dismiss.

In a case in which the Employee falls within the definition of the Equality Act 2010 consideration will have to be made as to whether reasonable adjustments can be made to assist the Employee's return before a final decision on dismissal is made. In the case of frequent short term absences, a fair dismissal may be possible if the attendance falls well below the required standard for attendance. It would be expected that the Employee has been given the opportunity to improve and gone through a fair procedure such as the ACAS procedure.

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