Employment Law - Dismissals for Long Term Sickness Absence

Employment law is very hazy on the matter of dismissals for long term sickness absence and it is often something that people contact employment law solicitors to discuss. The general rule is that an employer is able to dismiss an employer on long term sick leave, particularly if there is little chance the worker will return and if there is a real business need to employ a new member of staff to take over their role. In some instances following a dismissal of this nature, the employee may well claim unfair dismissal or even disability discrimination. This article attempts to clear up the haze surrounding the matter.

Employment law does not state that an employee has the right to sickness leave or in fact to return after a sickness absence. Similarly there are no particular rules governing the termination of a work contract following a long period of absence due to illness. Therefore the ruling has to be taken from implied details from the regulations of unfair dismissal and discrimination. If an employee feels they have been unfairly dismissed, they will have to take their case to an employment tribunal who will make a decision on the matter.

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