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 very much 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.