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Sickness Issues and SSP
9. Dismissal
If you can show you have considered all the alternatives and consulted the employee, you can dismiss a person for reasons of sickness.
9.1 You can dismiss a sick employee at any time when it is reasonable to do so.
- In established companies, this may mean waiting for the full 28-week SSP period.
- In a small firm where a gap in the ranks could threaten the business, it might be reasonable to dismiss sooner.
9.2 You will need to have gathered all the facts, including full medical information, to show that the dismissal is reasonable.
9.3 Contact the employee's GP, with his or her permission, and get a medical assessment.
- The employee has the right to refuse permission, or to see the doctor's report and to request amendments to it. In case of doubt, ask the employee to agree to an independent examination.
- If you get no co-operation, explain that a decision will be taken on the basis of available information, which may result in dismissal.
9.4 If there is no serious prospect of an eventual return to work, explain to the employee that the job can no longer be kept open.
9.5 Confirm the dismissal, giving the appropriate written notice and the appropriate pay.
Rules of Thumb
Employees will occasionally need time off for visits to the doctor or dentist or for hospital treatment. Be sympathetic, but let employees know that you expect them to take a reasonably constructive attitude.
Make it clear that you expect employees, where possible, to arrange appointments for the beginning or end of the day to minimise lost time.
You may ask to see an appointment letter or card.
- There is often no documentary evidence available for a one-off visit to the GP.
If you have real doubts, seek permission to contact the doctor or dentist directly.
Encourage people recovering from injury or illness not to prolong their absence.
- Offer to send a taxi, or arrange a lift, for someone getting over a broken leg.
- Suggest light duties or part-time work for an employee who is not fit enough to do what he or she normally does.
Recognise that NHS patients may have little choice about when to have important but non-urgent surgery.
You may insist that paid holiday time be taken for purely cosmetic surgery.
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