Managing Long-Term Sickness and Capability Dismissal: Employer Guidance

Long-term sickness requires a balance between the employee's circumstances and the organisation's needs. Disability discrimination and unfair dismissal risks differ, and there is no fixed absence length that makes dismissal automatically fair.

  1. Agree proportionate contact. Discuss how and how often to stay in touch, respect privacy, keep factual notes and avoid pressure to return before fit. There is no universal requirement to start daily welfare contact from day one.

  2. Gather relevant evidence. With appropriate consent and confidentiality, consider a fit note, occupational health advice or other medical information. Referral at four weeks may be useful but is not a legal deadline. Discuss prognosis, likely return, work impact and what support could help; do not assume one report answers every question.

  3. Consider disability and adjustments. In Great Britain, the Equality Act 2010 defines disability by a substantial, long-term adverse effect on normal day-to-day activities; long-term usually means lasting or likely to last at least 12 months. Consider reasonable adjustments where the employer knows or could reasonably be expected to know about the disability and the relevant disadvantage. Options may include a phased return, changed hours or duties, equipment or alternative work. Not every suggested change is legally required, and the test is reasonableness, not simply whether an adjustment imposes a 'disproportionate burden'. NI has separate disability law.

  4. Review pay and return arrangements. Fit notes are evidence to discuss, not an automatic command to ignore or follow without discussion. Statutory Sick Pay can generally last up to 28 weeks for an eligible spell; contractual sick pay and other entitlements may continue. Since 6 April 2026 GB SSP eligibility and waiting-day rules have changed. The end of SSP does not automatically end the contract or all financial duties. Agree phased-return terms and review dates.

  5. Consider dismissal only after a fair review. Consult the employee, get sufficiently current evidence, weigh the effect of absence, prognosis and reasonable adjustments, consider suitable alternatives, explain any proposed capability decision and offer an appeal. A formal procedure may be needed; a fixed sequence of warnings is not mandatory in every long-term illness case. The Acas disciplinary Code may apply to performance/capability processes, but does not generally apply to ill-health dismissals as such. Seek specific advice before deciding, particularly where pregnancy, disability or protected leave may be involved.

If dismissal follows, confirm reasons, notice or lawful payment in lieu, outstanding pay and holiday, and appeal arrangements. No anonymous HR-manager case outcome is asserted as fact.

👉 Employer guidance: https://myredundancyrights.co.uk/employer

Official guidance: Acas sickness and ending employment; Acas sick pay; Acas capability; EHRC employment guidance.