Help! Can you be sacked when officiating signed off work?

[Tailfeather]

My sister had been signed off work for the past 6 months due to stress and depression. She was in an abusive relationship with the father of the child. She ended it. He moved out but stalked her and continued to threaten her. She hasn't been eating or sleeping. She has finally got a restraining order and is waiting for a court date to discuss visitations.

Her company have called her in for a disciplinary as they now basically want her out. She works for a big financial institution in London. Can they do this if she had had her GP signing her off every month? Where would be best to get advice?

She's not being paid, if that makes any difference.

Thank you for your help. I'm so worried about her.

Absolutely you can be sacked while signed off sick. Otherwise people could be off sick for years and years.

However, in circumstances where:

a) it's only been 6 months
b)covering her role isn't overly problematic due to the nature of the job and the resources of the employer
c) they have not yet sought any occupational health advice about assisting her back to work and
d) it might be a disability

..then sacking her would be unlikely to be a fair dismissal at this point.

Of course, I work in HR and have often done this.

Usually we give someone a grace period which is around 6 months / or until their SSP runs out, get a medical report, meet with the person if they want to come back on a phased return and their doctor supports that we'll trial that, if not then it would probably be dismissal.

We'd get the medical report and trial any reasonable adjustments in the case of a disability, so if the employer hasn't done this they are opening themselves up to a risk of a claim.

When was she anticipating being able to return?