Alex Can you dismiss an employee after 28 weeks?
I certainly wold not suggest automatically going for dismissal just because they have failed to return after 28 weeks. In addition, if you have failed to make reasonable adjustments in the event the employee’s was classified as disabled, this could also amount to disability discrimination.
Can an employer dismiss an employee due to long term sickness?
Can an employer dismiss an employee due to long term sickness? It’s a common thought that Employers are expected to keep a sick employee’s job open indefinitely, however this is not the case – although it is necessary to follow a fair procedure to manage a long term absence situation.
Do you have to act reasonably to dismiss an employee?
As mentioned, employment law dictates that you must ‘act reasonably’ in dismissing an employee, and this means following a particular process – even if they’ve committed an act of gross misconduct and you feel a summary dismissal is appropriate.
Can a employer terminate an employee without breaking the law?
Employment law is complex, and many employers are understandably nervous about terminating an employee’s contract for fear of ending up in an employment tribunal. At its heart, the law requires employers to act fairly and reasonably towards an employee they’re dismissing, but what does this look like in practice?
I certainly wold not suggest automatically going for dismissal just because they have failed to return after 28 weeks. In addition, if you have failed to make reasonable adjustments in the event the employee’s was classified as disabled, this could also amount to disability discrimination.
Which is a valid reason to dismiss an employee?
Valid reasons for dismissal include issues relating to the employee’s capability to do their job, conduct issues and redundancy. If you can’t clearly prove that the reason for the dismissal is linked to an inability to carry out the job, misconduct that you can evidence, or redundancy, your reason could be challenged as unfair or invalid.
Can you dismiss an employee due to ill health?
Expert: Ben Jones replied 4 years ago. Many thanks for your patience. Capability, where an employee is unable to perform the job they were employed to do due to ill health, is a potentially fair reason for dismissal under the Employment Rights Act 1996.
Is it legal to dismiss an employee in the UK?
To dismiss an employee legally in the UK, you must ensure you have a valid reason for doing so and that you follow a fair procedure. It’s a situation no employer wants to find themselves in, and if it’s your first time needing to dismiss someone, the process can feel pretty daunting.