Checklist — Defending a member facing dismissal for long-term sickness

Key issues include:

• Is the member now better? If not, what is their prognosis and when might they be fit for work? Encourage the member to send a strong positive message that they want to return to work once fit, and to be proactive in suggesting possible return dates and any adjustments to make this possible;

• Is it too early to be considering dismissal?

• Has the employer carried out an appropriate medical investigation, including asking for a report from the member’s GP or asking the member to visit Occupational Health? If yes, has the employer followed all the medical advice? What about the recommendations of the Fit for Work Service)?

• What does the member’s past attendance record tell you about the likelihood of a successful return? Can you use this to the member’s advantage?

• If the member is fit for some work, has the employer thought properly about possibilities such as a staggered return, alternative duties, temporarily reduced hours, or working from home?

• What evidence is there of a real impact caused by the absence on the employer’s ability to function (as opposed to irritation on the part of colleagues)?

• What about voluntary severance or an early retirement package?

• Is the absence being prolonged due to fear of bullying or harassment? Is redeployment a possibility?

• is the member being discriminated against, for example, due to disability or age? Are there reasonable adjustments that have not yet been made? Have they been properly costed? Has the employer considered Access to Work?

• Is the employer at all to blame for the member’s medical condition? If so, they should be trying even harder than usual to get the member back to work;

• Is the contractual sick pay exhausted? An employer can dismiss fairly even though sick pay is not exhausted. Even so, this is still an argument worth making.