Advising a member at risk of dismissal for long-term sickness absence

These may be some of the key issues to consider:

• Is the member now better?

• If not, what is the prognosis and when might they be fit for work?

• Encourage the member to give the employer a strong positive message of wanting to return to work once fit and to be proactive in suggesting any adjustments to make this possible.

• Is it too soon to be considering dismissal?

• Has the employer carried out an appropriate medical investigation, asking for a report from the member’s GP or asking the member to visit Occupational Health? Is the employer’s behaviour consistent with the medical advice on the member’s likely return to work?

• If the employee is fit for some work, has the employer thought properly about offering support or a staggered return, alternative duties, temporarily reduced hours, working from home?

• What is the real impact of the absence on the organisation’s ability to function without this employee (as opposed to perceived disgruntlement among some members of staff)?

• Is an early retirement package a possibility?

• Is the employee being discriminated against, for example, on grounds of disability or age? Could any reasonable adjustments be made?

• Is the employer responsible, at least in part, for the employee’s medical condition?

• Is the contractual sick pay exhausted? Just because an employee has not exhausted the sick pay entitlement does not mean they cannot be dismissed, but it might still be an argument worth making.