Can an employer dismiss an employee while on long-term sickness?
Posted in : First Tuesday Q&A NI on 7 November 2017
Chris Fullerton
Arthur Cox
Before considering dismissing an employee while on long-term sickness, an employer must have addressed other options. Employers should generally have obtained medical evidence in relation to the employee’s particular condition, for example, via occupational health. A key consideration for the employer should be whether the employee’s condition might constitute a ‘disability’ for the purposes of the Disability Discrimination Act 1995 (DDA).
An employer should be particularly aware of the requirements under the DDA to make any reasonable adjustments in this context. This could include re-organising or re-designing the job in order to speed up a return to work, considering whether a lighter or
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Chris Fullerton
Arthur Cox
The main content of this article was provided by Chris Fullerton. Contact telephone number is 028 9023 0007 or email Chris.Fullerton@arthurcox.com
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