At what point can an employer dismiss on the grounds of capability an employee who is on long term absence due to illness?

Posted in : First Tuesday Q&A NI on 2 August 2011
Emma-Jane Flannery
Arthur Cox

To help minimise the risk of claims, an employer should generally only dismiss an employee in these circumstances once a capability procedure, including the minimum statutory dismissal and disciplinary procedures, has been fully followed. It's usually preferable to commence the capability procedure sooner rather than later. If the correct procedure is not followed, the employee may be able to bring disability discrimination (see below) and unfair dismissal claim(s) against the employer (if he/she has more than one year’s service).

We assume from the question that the employee may also suffer

Already a subscriber?

Click here to login and access the full article.

Don't miss out, start your free trial today!

Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.

Help understand the ramifications of each important case from NI, GB and Europe

24/7 access to all the content in the Legal Island Vault for research case law and HR issues

Ensure your organisation’s policies and procedures are fully compliant with NI law

Receive free preliminary advice on workplace issues from Maxine Orr, Partner at Worthingtons Solicitors

Already a subscriber, now or Start my free trial today

Back to Q&A's This article is correct at 02/09/2015
Disclaimer:

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Emma-Jane Flannery
Arthur Cox

The main content of this article was provided by Emma-Jane Flannery. Contact telephone number is 028 9023 0007 or email Emma-Jane.Flannery@arthurcox.com

View all articles by Emma-Jane Flannery