How long before somene can be dismissed for being for sick .....?

[advicepleasemums]

A close friend of mine owns a small business.

She employed someone who worked for a few months, then had a period of being in/off sick and has now been off sick solidly for about three months. The person in question has had lots of tests but no one can find out what is wrong and there is no prospect of the person returning in the near future. they have been offered alternative/light duties but have said they do not feel able to do these either. My friend really really needs someone in the position and with no prospect of them returning is thinking she may have to dismiss them.

I would be really grateful if anyone has any knowledge in this area. My friend has a freelance HR consultant but its very expensive and she is trying to find out a bit about this before doing anything formal!

is the person still in the first year of employment?

Yes fox in socks, but nearly int 2nd I wondered if that wuld be significant....

this site businesslink is very helpful

here it is...dismissal due to ill health

(it's only that unfair dismissal kicks in after a year. You can dismiss for ill health though, as far as I know. But you have to follow procedure and be careful. I take it this person has a contract and everything)

Thanks have just had a quick look, will send her a link. Yes the employee has a proper contract etc. My friend has even offered to pay for a private consultant as the employee has been told that there will be a 6 month wait for the speciality they need, bu they have turned her down

tbh I feel she is being taken for a bit of a ride,it does make me cross.....

If she wants to dismiss, she needs to follow the dismissal procedures but I really would try and get it done before the end of yr1 tbh, if she can.

Hi there

What needs to happen is for someone (probably your friend) to contact the employee and get them to sign something to say they are happy for the company to contact their GP. They will need to sign a form to allow access to medical reports.
You can then write to the GP with specific questions, including asking whether in their opinion, the employee could return on light duties. It is not for the employee to say what she/he can/cannot do.

If the GP comes back and says the employee is not able to come back, you can dismiss on the grounds of capability. You still need to make sure a fair procedure is followed.

It may be easier, if your friend wants, to email me. I am happy to help out.

Pay the freelance HR Consultant. Worth every penny...

Seriously...if the individual has over one years service and has a disability the freelance HR Consultant will be worth it.

The law of unfair dismissal applies to any dismissal. A dismissal relating to ill health is still a dismissal and could still potentially be unfair. Throw disability discrimination into the mix and you potentially have a fun but expensive time at tribunal if things go wrong.

Seek qualified advice and go for it.

Thank you all for the replies!!

Llareggub oh dear that sounds rather unpromising nt eh needing to consult the HR man as she knows she will probably will have to-just that it might get messy.

I don't think she has asked the employee to allow them to contact them as yet so I will suggest that. It is a bit odd as the sick notes are invariably just for one or two weeks at a time and appaerntly have very 'unspecific' things on them. I just get the feeling even the GP is being pressurised to keep dishing them out but doesn't feel inclined to issue one for a month or anything.

In peoples experience is this type of thing quite common?

Sorry for all the typos- computer is seriously on last legs lol

Not uncommon, agree with llareggub your friend should really not attempt anything without taking professional advice, can't offer any as she'd be a target client! But seriously she must take advice, dismissal relating to ill health is very tricky and requires careful handling and good advice.