Can an employee be sacked while on sick leave?

Yes, technically an employee can be sacked while on sick leave, but there are certain legal requirements that an employer must follow in such cases.

If an employee is on sick leave, they are entitled to the same legal protections against unfair dismissal as any other employee. This means that an employer must have a valid reason for terminating the employee's employment, and must follow a fair and transparent process.

If an employer believes that an employee's sickness absence is affecting their ability to do their job or their overall performance, they may be able to take action to address this, which could include terminating the employee's employment. However, the employer would need to follow a fair process, which would involve giving the employee notice of the proposed termination, providing an opportunity for the employee to respond, and considering any medical evidence or other relevant factors before making a final decision.

In addition, if an employee's sickness absence is related to a disability or other protected characteristic, such as pregnancy, the employer may have additional legal obligations to make reasonable adjustments to support the employee and prevent discrimination.

It is important for both employers and employees to seek legal advice if they are unsure about their rights and obligations in relation to sickness absence and termination of employment.

When cant an employee be terminated whilst they are on sick leave?

An employee cannot be terminated while they are on sick leave in certain circumstances, including:

Discrimination: An employer cannot terminate an employee because of their illness or disability. This would be considered discrimination and is illegal.

Medical reasons: If an employee is on sick leave due to a medical condition or disability, the employer must consider whether they can make reasonable accommodations to enable the employee to return to work. If the employee is unable to return to work due to their medical condition, the employer may need to consider long-term sickness absence and whether the employee is entitled to sick pay or disability benefits.

Contractual obligations: If the employee has a contractual entitlement to sick pay or a certain amount of notice before being terminated, the employer must honor these obligations. Terminating an employee while they are on sick leave without providing the required notice or pay would be a breach of contract.

Collective agreements: If the employee is covered by a collective agreement or trade union contract, the employer may need to follow specific procedures or obtain the agreement of the trade union before terminating the employee.

It is important for employers to follow the correct procedures and seek legal advice before terminating an employee who is on sick leave to avoid any potential legal issues or claims for unfair dismissal.

All information provided on the Sgro & Associates’ website does not, and is not intended to, constitute legal advice.

All information, content and materials on this site are for general information purposes only. No reliance should be made on the accuracy of the information of this site.  Information on this website may not be the latest up to date state of the law or legal or other information. Sgro & Associates, its Partners and Employees, Agents and Insurers accept no responsibility whatsoever for the use of the information provided on this website. This website contains links to other third party websites. These links are only for the convenience of the reader, user or browser. Sgro & Associates do not endorse or recommend the contents of these third party sites.