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.
Already a subscriber?
Click here to login and access the full article.Log in now to read 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
Back to Q&A's This article is correct at 02/09/2015
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.