Following the Government’s u-turn in regards to academisation, they have now issued an update to clarify their views.
Case-law has given some guidance in relation to dismissing someone due to ill health. In order to fulfil these obligations and follow a fair process we would recommend considering these points.
In the recent case of Private Medical Intermediaries (PMI) Ltd and others v Hodkinson the Employment Appeal Tribunal (EAT) ruled that contacting an employee who was off sick with non-urgent issues had contributed to her decision to resign and therefore upheld her claim for constructive unfair dismissal.
It’s inevitable that your employees will at some point during their employment be absent due to illness. Most ailments last only a day or so – some a week or two – but the policy you have in place for managing absences, your contractual entitlement to sick pay and how you manage absences will all determine the level of impact on the organisation.