dismissal due to ill health

If you are considering terminating an employee’s contract on the grounds of ill health, it is important to follow a fair and reasonable procedure for someone who is on long term sick. How the right reward can be a great morale booster, Workplace mental Health requires board level accountability, How to beat the back-to-work and lockdown blues, Performance management in 2021 and what we learnt in 2020, TALENT INTELLIGENCE IN A COMPETITIVE WORLD – Roundtable Report, 139 employers named and shamed for failing to pay minimum wage, One Bright Idea to Help Charities Recover from the Annus Horribilis of 2020. The occupational health assessment and additional medical advice determined that C suffered from a psychotic illness. First's occupational health advisor was of the opinion that H might be well enough to undertake alternative duties as of June 2006, but that H may not be able to drive at that time. This is generally not the case. Compensation uplift: Acas code of practice does not apply to ill-health dismissal involving no culpable conduct Date: 24 September 2016. The charge was later dropped, but led to him separating from his wife and being signed off work with depression and anxiety. There are laws regarding termination of employment for employees suffering with ill health. In addition where an employee is receiving or is likely to receive benefits under a permanent health insurance scheme, it would normally be considered unfair to dismiss an employee. This led to a disciplinary meeting and, although the disciplinary charges were later dropped, the resulting humiliation led to a significant setback in his recovery. One of the forms a fair reason … googletag.pubads().enableSingleRequest(); In June 2005 H suffered a stroke and the DVLA suspended H's driving licence for a period of 12 months. }); The blame of the gamePrint – Issue 162 | Article of the Week C submitted a claim to the Employment Tribunal arguing that if it was reasonable to have suspended him whilst an investigation was undertaken, it was also reasonable for the School to have continued the suspension whist the occupational assessment was obtained. Dismissal due to capability may also include instances where the employer dismisses because the employee is no longer capable of doing the job they were employed to do because of illness.. And cover topics including: Trends for 2021, The Skills Gap, Virtual Collaboration & Rise of Employee Autonomy. The Court of Session decided to remit the case back to the same tribunal to consider those four issues. googletag.cmd.push(function() { In addition to a claim for unfair dismissal, you may have a claim under health and safety legislation. First offered H two choices: H submitted a claim to the Employment Tribunal which criticised First's insufficient consideration of the medical evidence at each stage of the procedure, particularly the availability of ill-health retirement. However, case law has established that it requires three key elements: (1) obtaining medical evidence, (2) consultation and (3) considering alternative employment. This article will highlight the aspects surrounding termination of employment based on ill health and injury. Summary: When is it reasonable to dismiss an employee who has been absent from work due to ill-health for an extended period of time? This week, the Employment Appeal Tribunal (EAT) served a useful reminder of how the handling of a dismissal on grounds of ill-health capability may give rise to valid claims for disability discrimination. We should therefore be grateful for the recent decision of the Scottish Court of Session in BS v Dundee City Council (2013) CSIH 91 which although not, strictly speaking, binding on Employment Tribunals in England and Wales, provides some very welcome guidance in relation to this difficult exercise. It is a common misconception that dismissal due to ill health is automatically unfair or unlawful. The employee is dismissed after 30 months due to ill health and his entitlement to all sick pay has been used up. His appeal against the decision was unsuccessful. Prior to a second hearing, C's Union suggested that C's case might be treated as one of illness rather than discipline. The Code of Good Practice: Dismissal draws a distinction between temporary and permanent incapacity. This will usually involve obtaining with the employee’s consent a report from the employees GP or consultant. His contractual notice at 1 month is more than 1 week longer than this, so the employee is not entitled to be paid. (4)        Should have considered whether the employee’s length of service was relevant. }); Publication An employer will often need to consider complex assessments of medical evidence, potentially pry into an employee’s private life, and deal with the prospect of taking someone’s livelihood away at a time in their life when they are most vulnerable. Apart from Statutory Sick Pay (SSP) when capability dismissal is due to ill health, other benefits include: Employment and Support Allowance (ESA). So when will a dismissal for ill health be fair? Even where the Acas code does not apply, employers shou… Confirmation of dismissal. If an employee’s illness or injury is only temporary and likely to be of short duration, no dismissal is possible for that reason alone. © Michelmores LLP is a Limited Liability Partnership, authorised and regulated by the Solicitors Regulation Authority and registered in England and Wales under Partnership No. When he next met with the Council, he told them he was taking sleeping tablets and antidepressants, and could not envisage returning to work whilst on medication. Dismissing an employee due to ill health is anything but straightforward. 01454 292 069   recruit@thehrdirector.com, UK Subscriber Assistance T 01454 292 060 subs@thehrdirector.com. The process is normally instigated by the employer when an employee has been absent for a long period, or periods, due to ill health and is unlikely to return to work.. googletag.enableServices(); Employers should therefore bear the four principles above in mind when faced with dismissing an employee who has been absent from work for some time due to ill health. The previous Labour Appeal Court held that the substantive fairness of a dismissal based on incapacity due to ill-health, depends on the question whether the employee can fairly be expected to continue in the employment relationship, bearing in mind the interests of the … The employee should be allowed to take paid or unpaid sick leave in order to receive appropriate treatment and to recuperate. Should the employer wait to see if the employee qualifies for insurance before dismissing? The difficulty that arises is how to address the issue. googletag.pubads().enableSingleRequest(); Key to its conclusions were the following findings: 1: The reliance of the Council on the “perfunctory” reports of Occupational Health was not within the range of ways in which a reasonable employer might have informed itself. Meanwhile, employee B has been employed for two years when they are dismissed due to long-term ill health. An employer will often need to consider complex assessments of medical evidence, potentially pry into an employee’s private life, and deal with the prospect of taking someone’s livelihood away at a time in their life when they are most vulnerable. It is usually unfair to dismiss an employee for long-term ill-health before any entitlement to contractual sick pay has expired. 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