Intermittent absence

In cases of frequent intermittent absences due to ill health, the employer will not always require medical evidence before carrying out a fair dismissal, but a dismissal without medical evidence will be risky, given that there may be a more serious underlying medical cause. A wise employer will try to get some medical guidance on the employee’s condition and on the likelihood of further absences, whether from a GP or an occupational health provider, with the employee’s consent. An employer who fails to do this risks a claim for unfair dismissal and possibly disability discrimination.

An employer considering dismissal for intermittent absence should take into account the whole history of the employment, including a range of factors, such as the nature of the illness and the likelihood of recurrence, the length of absences compared with the intervals of good health, the employer’s need for that particular employee, the impact of absences on the rest of the workforce and the extent to which the employee was made aware of the position (Lynock v Cereal Packaging [1988] IRLR 510). Tribunals will always take into account the size and resources of the particular employer when deciding whether its actions were reasonable.

A dismissal for intermittent absence can be fair even if an individual is fit for work at the date of the dismissal (Wilson v Post Office [2000] IRLR 834).