How long can an employee be absent from work due to sickness before being dismissed?

There is no specific 'safe' date or formula which applies, it will all depend on the circumstances of each individual case. It is not how the long the absence was or is, rather what steps the employer has taken to deal with the situation that will determine when it is fair for an employer to dismiss. The general principle is that an employer should consider dismissal as a last resort in situations involving genuine sickness absence.

However, employers will be in a stronger position to resist claims if they can demonstrate that they:

• have not acted prematurely;
• have investigated and carefully considered the situation (including alternatives to dismissal);
• have consulted with the employee;