Employers can lawfully dismiss an employee who is off sick, provided they have a fair reason for dismissal, act reasonably in all the circumstances and follow a fair procedure.
Having in place fair procedures for dealing with conduct and capability issues arising from sickness absence, and following these procedures, will help you to minimise any complaints of unfairness. These procedures can be used to issue employees with written warnings, where appropriate, together with targets to improve attendance levels and timescales in which to achieve them. It will also help you to show that you’ve acted fairly, even if you have no other choice but to dismiss someone who is off sick.
DavidsonMorris’ HR and employment law specialists work with employers to support with compliant and effective workforce management. We can advise on issues such as sickness absence and how policies and documentation should be used to help manage risks and foster positive working cultures. For expert advice, please contact us.
