Sickness absence and unfair dismissal law

Both long-term and frequent short-term sickness absence can be fair reasons for dismissal. The most common statutory reason for dismissal is “capability” (see page 357, Chapter 10). In cases of intermittent absence, employers also rely on the category of “some other substantial reason” for dismissal (see page 369, Chapter 10). The “substantial reason” relied on is usually the employer’s need for satisfactory attendance in order to operate effectively.