Woman Loses Unfair Dismissal Claim After Four Years of Sick Leave
A woman who was dismissed after being off sick for more than four years has lost her claim for unfair dismissal. Ms Henderson, who suffered from fibromyalgia, took her employer, Maximus UK Services, to the employment tribunal on the grounds of disability discrimination.
Henderson was signed off sick in October 2018 and was unable to return to work due to her condition, which caused extreme tiredness and pain. Despite her employer’s efforts to support her, Henderson remained unable to predict when she would be able to return.
In February 2023, Maximus UK Services terminated Henderson’s employment contract due to her long-term absence. The employment tribunal ruled that the dismissal was fair, finding that Henderson’s absence for over four years without any prospect of return justified the decision.
What can I learn from this case as an employer?
This case highlights the challenges faced by employers when dealing with employees on long-term sick leave. While employers have a duty to accommodate employees with disabilities, there may be limits to this obligation, especially when an employee’s absence is prolonged and there is no clear path to return to work.
Employers should:
- Communicate regularly with employees: Maintain open communication with employees on sick leave to understand their situation and provide support.
- Explore alternative arrangements: Consider alternative arrangements, such as temporary reassignments or reduced hours, to help employees return to work gradually.
- Seek professional advice: Consult with HR professionals or occupational health experts to assess the employee’s situation and determine appropriate steps.
While employers should strive to accommodate employees with disabilities, they must also balance their obligations with the needs of their business and other employees.
For employers requiring further guidance or assistance with HR, Health & Safety, Employment Law or eLearning, Supportis are here to help. Contact us today for a free consultation at [email protected] or on 0161 603 2156.
