I Am Sick
I Am Sick Long -Term But They Can’t Sack Me Can They?
If you have been off sick long-term you might think that you cannot be sacked…but you are wrong!
Your employer DOES indeed have the right to sack you while you are off sick long-term. There are however certain procedures which have to be gone through.
Your employer’s legal right to sack you is in section 98 of the Employment Rights Act 1996. It states that “lack of capability, including when assessed with reference to health, is a potentially fair reason for dismissal.”
However, your employer must show they have acted reasonably both in treating the long-term ill health and in the procedure adopted leading to the dismissal.
Firstly the employer must investigate the prospects of your being able to return to work within a reasonable time. Then there is a procedure to be carried out. A fair procedure should include:
- consultation with you;
- a medical investigation;
- consideration of alternative employment;
Your employer has to take reasonable steps that could enable your return to work.
The Graham Agency, working with you.