25.06.2025

⚠️ They’ve been off sick for months. Can I dismiss them?

⚠️ They’ve been off sick for months. Can I…

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⚠️ They’ve been off sick for months. Can I dismiss them?

One bad decision can cost your organisation millions,

ruin careers,

and shatter trust in leadership.

The biggest mistake leaders make here is that,

They stay silent.

They believe saying nothing is kindness or patience.

But silence is dangerous.

It leaves employees feeling unsupported and organisations vulnerable to discrimination claims.

When the employee finally returns, leaders are often too afraid to raise concerns,

or don’t know what to say.

Some show support,

but then fail to follow proper processes - risking legal repercussions and damaging trust.

Sadly, it's an easy risk to fall into.

Here are 5 things you're doing wrong right now, and how to fix it;

❌ You stop checking in
➔Out of sight shouldn’t mean out of process.

✅ Instead, offer support and include them in usual processes and perks

❌ You ask for a fit note - but not an Occupational Health report
➔ You're relying on medical admin, not workplace advice.

✅ Rely on professional advice instead of making assumptions, e.g. GP reports (with permission).

You treat women’s health like a personal issue
➔ Conditions like menopause, miscarriage, or endometriosis may be legally classed as disability.

✅ Conduct a workplace risk assessment apply adjustments where appropriate

You make assumptions about when someone will return
➔ That’s not a return-to-work plan. That’s a tribunal waiting to happen.

✅ Open two-way dialogue on return date and plan accordingly

You think dismissal is easier than adjustment
➔ But a failure to make reasonable adjustments is prima facie discrimination under the Equality Act 2010.

✅ Apply our G.E.D (Gender Equity Diagnostic)

Here’s the truth....

You CAN lawfully dismiss someone on long-term sick leave -

but only after a fair process, clear documentation, medical evidence, and legal justification.

And you must consider whether the condition qualifies as a disability...

Even if the person hasn’t declared it.

You might think you’re being kind by “leaving them be.”

But kindness without compliance is still risk.

And the law doesn’t protect your intentions.

It protects their rights.

👋🏽 𝗛𝗶, 𝗜’𝗺 𝗧𝗶𝗻𝗮, 𝗳𝗼𝘂𝗻𝗱𝗲𝗿 𝗼𝗳 𝗛𝗥 𝗛𝗮𝗯𝗶𝘁𝗮𝘁.
𝗜’𝗺 𝘁𝗶𝗿𝗲𝗱 𝗼𝗳 𝗛𝗥 𝗵𝗼𝘁𝗹𝗶𝗻𝗲𝘀, 𝘁𝗼𝗼.
𝗪𝗲 𝗳𝗶𝘅 𝘁𝗵𝗲 𝗛𝗥 𝗺𝗶𝗻𝗲𝗳𝗶𝗲𝗹𝗱𝘀 𝘆𝗼𝘂 𝗱𝗶𝗱𝗻’𝘁 𝗸𝗻𝗼𝘄 𝘆𝗼𝘂 𝘄𝗲𝗿𝗲 𝗴𝗲𝘁𝘁𝗶𝗻𝗴 𝘄𝗿𝗼𝗻𝗴.

𝗠𝘆 𝗺𝗶𝘀𝘀𝗶𝗼𝗻 𝗶𝘀 𝘁𝗼 𝗲𝗺𝗯𝗲𝗱 𝗴𝗲𝗻𝗱𝗲𝗿 𝗲𝗾𝘂𝗶𝘁𝘆 𝗶𝗻𝘁𝗼 𝗲𝘃𝗲𝗿𝘆𝗱𝗮𝘆 𝗹𝗲𝗮𝗱𝗲𝗿𝘀𝗵𝗶𝗽 - 𝗳𝗼𝗿 𝗺𝗲𝗻 𝗮𝗻𝗱 𝘄𝗼𝗺𝗲𝗻 𝗮𝗹𝗶𝗸𝗲.

📅 Book a consultation
https://lnkd.in/eSXgRSX5

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https://lnkd.in/eguiG_pU

  • HR & Legal advice
  • Leadership & Management
  • HR Compliance
  • employment advice
  • Manager Development

Founder of HR Habitat, award winner of "Best HR & Employment Law Consultancy, 2024" title. As featured in BBC Oline, BBC Asian Network Radio, Telegraph & more. 

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