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How to Manage long-term sickness absence

Published: Oct 17, 2016
How to Manage long-term sickness absence

Question: An employee has been off work sick for more than five weeks. Can I go ahead and sack her?

Answer: Employees who are off work sick for more than four weeks are generally considered to be long-term sick.

Dealing with long-term sickness can be a delicate issue. A sympathetic response may be required as the illness may be serious and could involve a mental health problem; at the same time, it can represent a strain on the business and decisive action needs to be taken.

The employer may simply decide to keep in touch with the employee and give him or her the time needed to get better. It is essential, where reasonably possible, to keep in regular contact with the employee about his or her position.

If a decision to dismiss is considered, then it should be the last resort. Before doing this employers must:

The employee should be aware of the reasons for the proposed dismissal and have an opportunity to state his or her case before a decision to dismiss is taken. All staff need to know what pattern of absence will act as a “trigger point” for the organisation to take action.

The decision to dismiss the employee must be within the range of reasonable responses of a reasonable employer, having regard to the prognosis for the employee’s return to work and the impact of the absence on the business. A dismissal in this situation will usually be on grounds of capability.

  • consider if the employee can return to work — it may be working flexibly or part time or even doing different and less stressful work — with appropriate training also provided

  • consider all reasonable adjustments to the job or work environment which could make it easier for the employee to return to work. There may also be a requirement to offer any available suitable alternative employment to an employee who falls within the definition of “disability” under the Equality Act

  • consult with the employer about when he or she can return to work and if the health problem is likely to improve.