Sickness Absence

Practical advice

The law applying to sickness absence is complex and applied to all businesses whatever their size.

If you have been off for some time and are facing dismissal or have been dismissed we can help you through the process and assess whether your employer has followed the correct procedures.

When initially off on sick leave, you are required to self-certify for the first seven calendar days. Thereafter, your employer is entitled to request a doctor's fit note. For the purposes of statutory sick pay, your employer is not entitled to demand a fit note for at least the first seven calendar days.

You should have been given a reasonable opportunity to recover and have been consulted throughout, and a medical report should generally have been obtained before any dismissal. Failure to do so may mean that you have grounds for a claim for unfair dismissal.

Additionally, if having been on long term sick leave, it is evident that you cannot return to your original position, your employer should consider whether any reasonable adjustments can be made to the role to allow you to return, or whether a suitable alternative position is available.

It is important to comply with any reasonable requests your employer may make, such as attendance at meetings (if possible) and giving your consent to a medical report, as failure to do so may result in your employer making a decision without the knowledge of such information.

If it is clear that you cannot return to work, ill-health retirement may be an option for you. Under law, ill-health retirement will only be allowed if a qualified medical practitioner provides a report confirming that the you are medically incapable of working as a result of injury, sickness, disease or disability. You must have actually stopped working.

If you have a disability as a consequence of your sickness or condition you may be entitled to claim additional compensation please see disability discrimination for more information.

For an assessment of your situation please complete and submit our questionnaire buy clicking here. We will respond within 5 working days.

Tel: 0845 293 2729 . Email us . The Foundry, Euston Way, Telford, Shropshire TF3 4LY