Long-term ill health

Overview

• Tom Walker, Head of the Employment Department at Manches, sets out below the key issues and key aspects of procedure when dealing with long-term ill health absences.
• It is a common misconception that an employee who is genuinely off sick cannot be dismissed. This misunderstanding is sometimes compounded by the employee’s insistence that if off with stress, they should not be contacted.
• Ultimately, a dismissal for ill health is one of the fair reasons for dismissal under s. 98 of the Employment Rights Act 1996. It comes under the heading of capability.

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