It is possible to dismiss someone on sick leave; however, employers must ensure they have a fair reason for dismissal, act reasonably in all circumstances and follow a fair procedure.The reason for dismissal could be due to poor performance, breach of contract, redundancy, or other circumstances that prevent the employee from fulfilling their job responsibilities.
If an employee is on long-term sick leave or is frequently absent due to recurring health issues, they may still face dismissal under certain circumstances, even if their absences are legitimate. It is important to handle such situations as capability issues rather than misconduct. Dismissal for health-related absences should always be a last resort for employers.
An employee can be fairly dismissed on the grounds of capability if their ongoing health issue prevents them from performing their job. Dismissal can also be justified for some other substantial reason (SOSR) if their repeated absence significantly disrupts the business.
It is important to note that persistent sickness may indicate an underlying disability, and dismissing an employee on such grounds could be discriminatory.
Employers are advised to seek legal advice from our employment law specialists when contemplating dismissing an employee while on sick leave to avoid falling foul of the law.
Contact us today for practical, commercial, and solutions-based advice that will bring you peace of mind.
