Our expert Employment Law solicitors in Chesterfield, Sheffield and Mansfield can help with employment issues surrounding ill health and disability.
Ill health can be a fair reason for an employer to dismiss an employee. However, simply having an employee who is incapable of doing their job because of ill health isn’t enough to make any dismissal fair. An employer must also ensure that they follow a fair procedure.
The employer must consult with the employee about the reason for any absence related to the illness, how long the illness is likely to last for, and the effect on the employee’s work before considering whether dismissal is appropriate. It is also likely that the employer will need to obtain medical information about the illness, its effects on the employee and the likely prognosis before making any decisions regarding the employee.
Long term absences are also likely to be caused by illnesses which could amount to disabilities. This is because the statutory definition of a disability says that the illness which causes the disability must have lasted or be likely to last 12 months. Where the illness falls within the statutory definition of a disability, the employer must take care not to discriminate against the employee and must consider whether there are any reasonable adjustments that can be made for the employee to assist them in continuing or performing their work.
If your employer has started capability or performance management procedures or you are concerned that they may do so, then Banner Jones can help you. We are highly experienced and knowledgeable specialist Employment Law solicitors who will advise and support you throughout the process helping you to achieve the outcome that you want. We understand that individuals who come to us are often extremely stressed and anxious by the situation at work and therefore ensure that we provide a confidential service along with a sensitive approach.