Long-term sick leave and dismissal.
Employers often have a problem knowing if they can sack an employee on long-term sick leave.
If an employee is off for a long time such as a year, the key issue is whether the employer can be expected to wait any longer, before making a decision to dismiss
Relevant factors are
- the length of the absence,
- the impact of the absence on the employer’s business,
- and the cost of the absence to the employer.
The employee has to carefully balance these factors and consider them thoroughly. The employee must be consulted and his views taken into account
If the employee says that he is anxious to return to work as soon as possible, that helps him, but if he stated that he was no better and did not know when he could return to work, that helps the employer in any dispute before a tribunal.
The employer does not need to have a detailed medical and can rely upon the employee’s medical reports.
Awards in these cases can be very high, and therefore whether you are employed are all employee consult the experts.
Hylton-Potts have a free 24 hour email service on [email protected] and a free, office hours, phone helpline 020 7381 8111. Both are confidential, and you will receive expert, practical streetwise guidance.