Can you dismiss someone on the grounds of ill health?
Can you make someone redundant due to ill health? An employee cannot be made redundant due to ill health, although they can be fairly dismissed on grounds of capability, as long as the employer has acted reasonably in all the circumstances and made any reasonable adjustments within the workplace, wherever possible.
Can a company terminate an employee on medical grounds?
Deciding whether to terminate employment based on medical grounds can be a difficult decision for many employers, a decision which requires consideration of the risk that the employee could raise a personal grievance for discrimination based on ‘disability’.
When does an employee have a valid reason for termination?
WHAT IS A VALID REASON FOR TERMINATION? An employee’s employment may be validly terminated on the basis of the employee’s illness or incapacity when it can be demonstrated that this has an adverse impact on the employee’s ability to perform the inherent requirements of their job.
Can a termination be based on medical incapacity?
Termination based on medical incapacity is always a risky process which is highly dependent on the employee, and employers, individual circumstances.
How long can an employee be dismissed due to ill health?
An employee has a contract of employment which provides for 1 month’s notice. The employee is dismissed after 30 months due to ill health and his entitlement to all sick pay has been used up. He is therefore entitled to statutory minimum notice of 2 weeks (2 full years’ service).
Deciding whether to terminate employment based on medical grounds can be a difficult decision for many employers, a decision which requires consideration of the risk that the employee could raise a personal grievance for discrimination based on ‘disability’.
Termination based on medical incapacity is always a risky process which is highly dependent on the employee, and employers, individual circumstances.
WHAT IS A VALID REASON FOR TERMINATION? An employee’s employment may be validly terminated on the basis of the employee’s illness or incapacity when it can be demonstrated that this has an adverse impact on the employee’s ability to perform the inherent requirements of their job.
An employee has a contract of employment which provides for 1 month’s notice. The employee is dismissed after 30 months due to ill health and his entitlement to all sick pay has been used up. He is therefore entitled to statutory minimum notice of 2 weeks (2 full years’ service).