Can employees lose their jobs because they are sick?

If an employee is not able to do his or her job because of long-term sick leave, that is potentially a fair reason for ending their employment.

However, the company should be able to show that it has gone to some lengths to find out the current medical condition of the employee. It should meet up with the sick employee on a regular basis to assess the situation and it should also be able to show that it has tried to keep the employee with the company despite their illness. They could possibly achieve this by looking into changing their hours or accommodating them in a new role.

If the employee is eventually dismissed as a result of long term sick leave and they take their case to a tribunal there is less chance of that tribunal finding against the employer if they have taken all reasonable steps such as the ones outlined above. If the employer can show that despite all its efforts dismissing the employee is the only realistic option then it is entirely fair to do so but each case has to be assessed on its individual merits.

Similarly, in situations where the worker is not absent in one long spell but has frequent short absences from work with relatively minor ailments, the employee should be told what level of attendance is expected of them and that in the event of no improvement in the employee's attendance record, they would be dismissed.

In these situations the employer can contact Medical Services to look into the reasons why the employee is missing work. Medical Services would be contactable through HM Revenue and Customs and if it reports that the employee is off work without a good enough reason statutory sick pay (SSP) may be refused. Medical Services can also be contacted in situations where an employee is off work for a longer period of time and it can play a part in deciding whether or not the employee is fit enough to return to work.

An employee who believes that their employer is responsible for their illness may have the right to make a personal injury claim. This can include for conditions such as stress.

It is a delicate balancing act for employers who maintain that they must be able to dismiss employees who cannot or will not do the job they were recruited to do. However companies are now required to behave fairly, reasonably and not to discriminate. They increasingly feel that it is vital to have all the facts at their disposal before coming to a decision one way or another. They should also take detailed legal advice on their opinions as soon as possible.