what are the procedures for dismissing a sick employee

[Rahul]

The boyfriend has been off work since July after a motorbike accident (not his fault). He is unable to use his wrist and his job involves lots of typing. At his last meeting with work they said they may have to consider getting rid of him. He has an occupational health assessment soon to discuss what he can and can't do.

 

What are the proper channels they have to go through if they do decide to get rid of him? Is there any advice anyone has? Thanks

[Bigredbus]

They seem, apparently, to be following the right procedure by inviting him to a health assessment...

 

Upon the professional's diagnostic and prognostic, and related report to his employer, they will have to determine if a suitable position is available within the company... (at this point it would be reasonable to determine if his accident-related injury can be categorised as 'disability' - long-term and adverse effect on his ability to undertake normal day-to-day activities).

 

If no suitable position is available for him to occupy or if they cannot make reasonable adjustments, then they could dismiss him under ill health.

[WelshMam2009]

Normally, they would hold a hearing after receipt of the OHA report but they should also investigate the possibility of an alternative post, although, in my experience, most companies just go through the motions with this.

 

His employment can be terminated on health grounds, even if it's not a permanent but temporary illness/disability. My previous employer dismissed someone who had a hip replacement operation because her job involved lifting and that was an activity she would be unable to do for some 2 years or so.

 

Most companies are becoming much tougher in respect of sickness absence these days. I suspect if the OHA states that your boyfriend is unable to return to work in the forseeable future then they will terminate his employment and are able to do so, providing they follow due process.