On Friday 13th July, the Court of Appeal gave its judgment in Mencap v Tomlinson-Blake. Overruling the decision of the Employment Appeals more…
Sickness policy + procedure
Whether you employ one person or one hundred, the ill health of any employee is a sensitive subject which needs to be handled with care and proper understanding of your legal responsibilities.
Our experienced employment solicitors can advise you on legal issues around repeated or extended sickness absence and help you to implement workplace sickness policy which safeguards both you and your employees.
We can also advise you on what to do if you suspect an employee is taking sick leave fraudulently, including what investigations and medical reports you can request to confirm or refute their sickness claim.
Dismissing an employee due to illness
Prolonged or frequent sickness absence can seriously affect your business, regardless of size. For this reason, it’s sometimes necessary to dismiss an employee if they’re taking too much time off and/or they are no longer capable of doing their job due to their ill health.
If the employee has more than two years’ continuous service, they may be able to take legal action against you for unfair dismissal. We can advise you on how to avoid this situation, or what to do if you’re subject to an unfair dismissal claim.
Even if an employee hasn’t worked for you for two years, if their illness relates to a disability then they could still take legal action against you. To avoid a legal claim under the Equality Act on grounds of discrimination, it’s important that you talk to a legal expert if you’re considering dismissing an employee due to ill health.
To speak to our employment solicitors in Bristol and South Gloucestershire about sickness policy, employee absence or terminating an employee’s contract due to sickness, call us on 0117 325 2929 or complete our online enquiry form.