Sickness Absence 

 

Your employer may dismiss you if they have a legally fair reason. Reasons for a fair dismissal include being guilty of misconduct or that you aren't capable of doing your job. 

 

Your employer is likely to investigate your sickness absence differently depending on whether you have taken short and intermittent spells of absence or if you have had one long period of absence. 

 

A policy may set out a level of attendance that you are expected to adhere to and your absences will be monitored accordingly. There may also be a procedure you should follow when you take sickness absence. If your attendance is being monitored and there is no improvement an employer may invoke their disciplinary procedure, which could potentially result in dismissal. An employer must follow a fair and reasonable disciplinary procedure. If they do not, you may be able to claim for unfair dismissal. 

 

If you are trying to argue that your dismissal following sickness absence is unfair and you have not followed your employer’s policy, your case will be weakened. 

 

If you go on long term sick leave, the employer will have to show that it has investigated your health condition and your ability to return to work. In most cases the employer will obtain medical evidence from an occupational health professional. An assessment will be made about when you will be fit to return to work and whether any reasonable adjustments can be made to assist your return. 

 

Your contract of employment or handbook may explain your rights in relation to time off for doctors, dentists or other health appointments. An employer can request that you make these appointments out of office hours or that you make your time up. 

 

A pregnant employee has a legal right to time off work to attend antenatal appointments. A father, or the partner of a pregnant woman, is also entitled to take unpaid time off from work to attend two antenatal appointments with their pregnant partner. Parents expecting a child through surrogacy are also entitled to this time if they intend to apply for (and expect to meet the conditions of) a Parental Order . 

 

Your employer might be legally required under the Equality Act 2010 to allow you time off to attend medical appointments if you suffer from a disability. 

 

You are entitled to time off to deal with an emergency involving a dependant. This could be your spouse, partner, child, grandchild, parent or someone who depends on you for care. You can take a reasonable amount of time off to deal with the emergency. There is no set time limit. Once the emergency has passed you may be asked by your employer to take annual leave or parental leave if you need more time away from work. Bear in mind that your employer is entitled not to pay you for emergency time off or they may ask you to make the time up.