LRD guides and handbook March 2022

Sickness absence and sick pay - a guide for trade unions and working people

Chapter 4

Capability and dismissal checklist

[ch 4: page 50]

procedures: what disciplinary and/or capability procedures exist if the investigation of a worker’s sickness absence concludes that termination of employment is a possible ultimate outcome?

penalties: what penalties can the employer apply, up to and including dismissal?

appeal: what is the right of appeal for the worker if adverse conclusions are reached?

is the employee disabled? Have all reasonable adjustments been made? Do the employer’s reasons for dismissal justify a dismissal decision despite its discriminatory impact?

is there a collective response? There are many instances where unions have responded collectively to sick pay problems, some of which are referred to in this booklet.