As an employer, it is natural you may have concerns regarding terminating an employee on long term sick leave. Along with a moral standing, you may have concerns over the UK legality of such a decision.
However, in some instances you may not have a choice and will need to consider ending a contract of employment. In this specialist guide, with our expert UK employment law advice we explore your standing and how to approach the situation in a fair and legal manner.
Can I terminate an employee on long-term sick leave?
Yes, it is possible under UK law. However, you must have a fair reason for dismissal, act reasonably, and follow a fair procedure.
If an employee is absent from work on long-term sick leave or has a high number of absences due to recurring health issues, dismissal may be possible even if they are genuinely unfit for work.
So, can an employer dismiss an employee for long-term sickness? Yes, but it must be treated as a capability issue rather than as misconduct and only consider dismissal as a last resort. If this process is not handled appropriately, it may result in a costly and damaging employment tribunal.
Understanding long-term sickness dismissal
An employee can be fairly dismissed on grounds of capability (long-term sick dismissal) if they have a persistent health condition preventing them from performing their job. Additionally, if repeated absences are harming your business, dismissal for “some other substantial reason” may also be appropriate.
However, if the employee’s condition qualifies as a disability, under the Equality Act 2010 you are legally obligated to consider making reasonable adjustments to help them continue in their role. Reasonable adjustments could include measures such as a:
- Phased return to work
- Flexible working
- Modified duties
- Altered hours
- Workplace adaptations.
You should explore all feasible options, taking into account any requests from the employee, the resources available, and whether adjustments would effectively reduce any disadvantage caused by the employee’s condition.
