An employee has been absent sick for over two years. He is not covered by sick pay and insurers deem him fit to work. His own doctor deems him unfit for work. Is company obliged to keep job open, and if so for how long?Posted in : First Tuesday Q&A NI on 5 March 2013
An employer is not required to keep an employee’s position open indefinitely if he or she is no longer fully capable, competent or available to undertake the duties attached to the role.
However, where an employee is dismissed for reasons connected with his/her ability to perform the duties required in his/her job due to a medical condition, which amounts to a disability, an Industrial Tribunal will consider whether the employer failed to make reasonable adjustments to facilitate the employee returning to or remaining at work. Failure to do so could lead to a disability discrimination claim. Failing to follow a fair procedure before dismissing the employee could also lead to an unfair
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Back to Q&A's This article is correct at 02/09/2015
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