Absence From Work Dismissals from
Gray Hooper Holt Solicitors

If you have an employee who is regularly absent from work due to illness, you may be considering their dismissal. If this is the case, it is vital that you follow the correct procedure to ensure that you do not subsequently face an Employment Tribunal claim.

When Can You Dismiss For Absence (A Capability Dismissal)?

If the employee has been absent from work for a long period of time the employer should consult with their member of staff to find out the reasons for the absence. The consultation should not be "inquisitive" but should seek to find out the real reasons for the absence (and the illness).

The next stage is to obtain a medical opinion on the illness from the employee's doctor or an independent one. An examination will be necessary. If the employee refuses to attend the examination, this can be used in evidence at any subsequent Employment Tribunal.

If the situation fails to improve, the employer can consider dismissal. However, the employer should take into account factors such as:

• the duration of the illness
• the length of absences
• the employer's need for the work to be done
• the likelihood of recurrence of the illness
• the impact of the absence on other employees
• the extent to which the difficulty of the situation for the employer was made clear and the employee realised that the point of no return was approaching
• the duration of employment

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