Sickness and Dismissal Action - www.prioryconsulting.com

Absence Management – Dismissal Action

Stage 1 – Meeting with employee

Questions to ask:

· Employee’s opinion of progress and improvement?
· What action is being taken?
· Whether he has seen the doctor?
· Is there any real indication as to how long he will be off work?

Tell

· Dismissal is a distinct possibility if absence is likely to be long term, but this would clearly be a last resort
· That you wish to seek independent medical advice

Do

· Follow up with a letter confirming what has been discussed. Make sure you include the fact that dismissal may be an outcome

Stage 2 – Seeking medical advice and opinion

· Advise employee of intention to seek medical advice and that you wish them to attend an appointment with their doctor or a doctor of your choice.
· Advise employee of their rights under the Access to Medical Records Act 1988
· Ensure these rights are also recorded in a letter to the employee
· Make sure that the letter includes the fact that reluctance to give permission for a report will force a decision on future employment without the benefit of medical information and this may not be in his best interests
· Request report from Doctor. Ensure that the Doctor is clearly aware of the job and all it’s aspects and factors. Expand on the job description where necessary
· Advise employee that failure to attend any appointments without good reason will result in decisions being made which also may not be in the employee’s best interest.

Stage 3 – Decision – Part 1 Meeting

· Consider report and any alternatives
· Consider potential implications of Disability Discrimination Act
· Consider effect of decision on Business

· Discuss outcomes of report with employee
· Discuss any possible alternatives with employee
· Explain that decision will be made on future employment, dismissal and time scale

Stage 3 – Decision – Part 2 Dismissal action

· Follow disciplinary procedure
· Be able to demonstrate that you have acted reasonably – notes, letters, business case
· Reason for dismissal is ‘Incapability through ill health’ and this should be stated in all written communications
· Serve notice and dismiss. Payment of pay in lieu of notice is also a possibility

Remember: Notes, Notes and More Notes.

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