What are my rights re time off sick?

[BigPawsBrown]

I'm a lawyer, so know a bit more about this than some, but not an employment lawyer.

Immune problems led to 6 months off last summer. Employer was great, phased return etc.

I haven't had a day off since I returned to work in November, however, have been having some pretty worrying symptoms.

I am definitely within the meaning of disabled for equality act purposes. If I have a relapse, could they sack me for time off? Some people say you have to discount sickness for disabled people (if connected to disability), some say you only have to make reasonable adjustments and some say they could sack fairly. What's the answer?

Reasonable adjustments but if you are proved to be unable to fulfil your role they can use capability process to manage you out.

In other words, they would not be disciplining you for absence, but they could build a case to say that they can't adjust any more and that you can't meet your side of the contract.

I am very sorry that your symptoms may be reappearing and hope it's a false alarm.

An employer could dismiss fairly if they followed proposer procedure i.e. Medical report sought with your permission, full consultation and considered reasonable adjustments and alternative employment etc. If the prospect of returning to work are still unclear or low after all this has been done, then they could give notice of dismissal on capability grounds. I really hope it doesn't come to this though.