Ill Health & Disability Resources

Ill Health and Disability in a Workplace

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.

Contact us

Why choose Banner Jones Emplyment Law Solicitors?

We are Specialists in Workplace Discrimination

If you are an employee and feel discriminated against, we can assess your situation and provide you with sound advice as to whether you have a claim. Our highly experienced and knowledgeable discrimination solicitors will support you throughout the process in a professional manner. We understand that individuals who come to us are often stressed and anxious by their current situation at work, therefore we provide a confidential service along with a sensitive approach that you can feel comfortable with.

At Banner Jones we can ensure that you comply with the correct statutory grievance procedure so that you do not endanger the outcome of your case through mistakes in the process. Our professional approach, coupled with our highly skilled workplace discrimination solicitors, will provide you with a first class service.

If you are an employer, we can provide helpful advice to ensure that you are not guilty of discrimination. As an employer, you have a responsibility to ensure your employees can work freely without feeling vulnerable to discrimination. We are able to offer expert advice on all types of workplace discrimination so that you can concentrate on running your business. Our solicitors can keep you informed on the latest changes which could help you avoid making a costly mistake.