Sick Leaves and Employment Rights: Navigating the UK Legal Landscape

In the UK, employees face certain risks when taking sick leave, but the law provides protections against unfair dismissal. This article explores the specifics of employment rights, sick leave policies, and the procedures employers must follow during long-term absences. We also cover the legal principles of reasons for dismissal, reasonable adjustments, and constructive dismissal. Understanding these aspects can help both employees and employers avoid misunderstandings and protect legal rights.

Employment Rights and Fair Dismissal

When an employee is taken off sick, they may be at risk of dismissal if their employer follows the proper procedures. However, the Employment Rights Act 1996 ensures that employees are protected from unfair dismissal. To proceed with a dismissal, the employer must follow a fair and transparent process. This includes giving the employee a chance to explain their situation and addressing any legitimate concerns.

Reasonable Adjustments for Disabled Employees

Under the Equality Act 2010, disabled employees are entitled to reasonable adjustments to support their return to work. This is particularly relevant for employees who are off sick due to ill health. Employers are required to consider flexible working arrangements or provide additional support to facilitate a smooth transition back to work. Failure to provide these adjustments could result in legal action.

Sick Leave Policies: Company Specific Rules

Many employers have their own sick leave policies, which can include guidelines for notifying the employer about absences. Adhering to these policies is crucial as it can protect an employee from dismissal. For instance, one must notify their employer as soon as possible about the reason for their absence. Providing medical evidence when necessary can also strengthen an employee's case.

Long-Term Absence and Capability Assessments

When an employee is off sick for an extended period, the employer may conduct a capability assessment to determine whether the employee can perform their job responsibilities. If the assessment finds that the employee is unable to fulfill their duties, the employer must proceed with a fair dismissal process. This involves following the disciplinary procedure and giving the employee an opportunity to improve their performance.

Constructive Dismissal

Constructive dismissal occurs when an employer makes working conditions intolerable due to the employee's sick absence. In such cases, the employee may have grounds for a constructive dismissal claim. This means that the employer can be held responsible for creating an unfavourable work environment, leading to the employee feeling compelled to leave their job. Employees have the right to seek legal advice and protected assistance from unions in these situations.

Consequences of Exceeding Sick Days

In most cases, employers can terminate an employee's contract if they exceed the number of sick days allowed by company policy. Company policies often have specific mandatory working hours, and consistent absence due to illness may make an employee less viable for continued employment. Employers are justified in taking such actions if the employee has not followed the company's sick leave policy or has abused the system.

If employees are concerned about their job security, they may consider a more strategic approach. For instance, framing their situation as a minority status issue or threatening legal action can sometimes be effective. However, these methods are not without risk and may be viewed as unethical or unprofessional. Employers should be mindful of their obligations and employees should seek legal advice to ensure they are treated fairly under the law.

Conclusion

While sick leaves can pose challenges to both employees and employers, understanding the legal framework can help navigate these situations successfully. Employers must adhere to fair dismissal procedures, accommodate reasonable adjustments, and manage long-term absences responsibly. Employees should familiarize themselves with their rights under UK employment law and seek guidance from legal professionals or union representatives if needed.

In conclusion, a balance must be struck to ensure all parties are treated fairly and legally in situations involving sick leaves and employment rights.