Whether or not you could be entitled to an ill-health dismissal payment will depend on the exact reasons for your dismissal.

If your dismissal is due to a disability you have and you have had subsequent time off then you may have a potential claim for compensation. There is no guaranteed right to an ill-health dismissal payment. Find out more from our expert Employment Law Solicitor, Nikki Sharpe, below:

What Process Should an Employer Follow for an Employee on Long-Term Sickness?

Employers should consider the application of the Equality Act 2010 and the requirement to make reasonable adjustments.  This does not just apply to employees with over 2 years of service but will apply to all employees who satisfy the definition of “disability” as under the Act.  Therefore, precautionary measures should be taken before dismissing employees on long-term sickness.

Such measures would include referral for medical opinion such as occupational health, GP report and any other medical evidence.  Thereafter employers should be guided on the medical evidence provided and pay particular reference to any recommendations for adjustments to see if these can be accommodated within the business.

What Ill Health Dismissal Payments May I Be Entitled To?

For a disability discrimination claim you may have a claim for injury to feelings and loss of earnings/benefits. You should also be entitled to unused holiday.

Can I Claim If I’ve Been Unfairly Dismissed?

If you consider you have been unfairly dismissed because of sickness absence then you may have a claim for unfair dismissal.  However, you would need to establish that your employer did not act reasonably and had no real reason to dismiss you.

In addition that your employer failed to follow and adopt a fair process and act proportionately and as any other employer would do in similar circumstances.  You would need to show that there were things your employer could have done to, for instance, make adjustments at work in order for you to continue your employment.

How Much Money Could I Be Awarded?

In relation to unfair dismissal, there is a cap of damages of £89,493.  In relation to compensation for injury to feelings for disability discrimination, there is no cap but there are guidelines set out in the “Vento Guidelines.”

How Can Best Solicitors Employment Law Team Help

If you have faced dismissal or are facing dismissal at work due to your health/disability which has resulted in your absence from work, we can assist with your employment issues.

As an employer, we can provide advice and assistance in relation to the management of employees subject to long term sickness.

Get in touch with our specialist Employment Law Solicitor, Nikki Sharpe, today on 0114 3583134 or send us an enquiry via our contact page.