Being sacked for absence

Your employer could dismiss you on the grounds of either conduct or capability. A dismissal for conduct is if the employer believes that the employee is not ill but is using sickness as an excuse. A dismissal for capability can occur if an employee is unable to do their work because of ill health.

However, capability dismissals may be unfair. The employer has to show that a reasonable employer, being aware of medical and other circumstances, could have dismissed the employee.

Disability-related illness

The Disability Rights Commission guidelines state that your employer should record absences related to your disability separately from your absences related to other illnesses. They state that some or all of your disability-related illness should not be counted for:

• disciplinary procedures 
• performance appraisal 
• references 
• selection criteria for promotion 
• selection criteria for redundancy

When dismissal may occur

How long an employer is expected to wait before making a decision to dismiss someone depends on common sense. For example, the following could be taken into account: 

• the degree of disruption caused by the worker’s absence 
• the ease and expense of others covering the employee’s work 
• the employee’s length of service 
• the prognosis or the medical evidence about the illness.

Employers' responsibilities

An employer has a duty to make reasonable adjustments (as required by the Equality Act 2010) where appropriate. Examples of reasonable adjustments include allowing you to work more flexible hours, moving you to a more suitable post (if one is available) and discounting your disability-related absences.

How we can help

If you've been employed for at least a year before being dismissed, you should explore whether you may have a case for unfair dismissal. Contact THT Direct to find out your rights