Can I sack a long-term sick employee?

M R L writes: One of my employees, who has been with me for 18 months, is currently off ill due to stress.
He has now been absent for three months on full pay.
I am paying somebody to perform a job when he is not even at work. Am I able to dismiss him or do I need to
follow some sort of disciplinary procedures? If this is the case, am I still liable to pay him full pay or can
I pay him SSP?

In this situation, you should consider whether reasonable adjustments may help the employee return to work
, writes Peter Done, managing director of Peninsula.

Also, you need to clarify if his condition falls under the Disability Discrimination Act as you may have a legal
requirement to make adjustments. In addition, you should consider writing to the employee’s GP — with his consent —
asking when a return to work is expected and what type of work he can do.

Where the employee’s job can no longer be kept open and no suitable alternative is available, the individual
should be consulted and warned of the likelihood of dismissal.

Your firm’s procedures must be followed in all cases of formal action.

As regards payment, this would depend on your contractual arrangements for company sick pay and any previous
practice of paying staff on long-term sick leave.

Business Centred Therapy Ltd. can assist an Employer in returning an Employee to work. Call 0115 9124532 for
details.