Law queries

Under what circumstances can an employer fairly dismiss an employee who is off sick? One of my members has been off sick for nearly seven months now and has been told that she is going to be dismissed.

Unfair dismissal rights come into effect after a year's service. An employer can only fairly dismiss an employee who is sick after having investigated the nature of the illness and the likely length of absence and assessed how to deal with the absent worker's workload.

The Disability Discrimination Act 1995 (DDA) may also provide protection. The Act gives disabled workers the right to no less favourable treatment and does not require a minimum length of service. If a worker is disabled due to an impairment that limits or restricts normal day-to-day activities and the impairment has lasted or will last for at least a year, the DDA is relevant. The employer has to make reasonable adjustments where these would mean that the disabled person could stay in work.

In summary the law does not completely prevent employers from dismissing sick or disabled employees but the employer has to have good reasons and, in cases of disability, has to have considered adjustments

* More information: LRD booklet, Law at work 2002