Navigating employment law around long-term sickness can be challenging, especially when mental and physical health are involved. A recent tribunal ruling involving an NHS employee who took 400 sick days over four years offers crucial insights into how organisations can better manage such situations. The tribunal’s decision that the dismissal was unfair serves as a powerful reminder of the importance of reasonable adjustments, thorough procedures, and compassion in the workplace.

For in-house lawyers, this case highlights the need to balance legal compliance with empathetic and fair decision-making processes when dealing with complex employee scenarios.

What happened?

The NHS employee was dismissed after taking significant sick leave due to physical and mental health challenges. While the employer argued that the dismissal was necessary due to unsustainable absence levels, the tribunal found that the process was flawed and the dismissal unfair. Key issues included:

• Lack of reasonable adjustments: The employer failed to adequately explore alternative options, such as redeployment or reduced hours. Although they had policies in place for this - they were ignored by key members of staff.
• Inadequate consideration of health conditions: The impact of the employee’s health challenges wasn’t fully considered in the dismissal process.
• Procedural shortcomings: The employer did not sufficiently investigate or document steps taken before proceeding with dismissal.

Key lessons for in-house lawyers

1. Reasonable adjustments are critical | Under the Equality Act 2010, long-term health conditions (both physical and mental) can qualify as disabilities, requiring employers to make reasonable adjustments. These could include reduced hours, redeployment, or additional support. In this case, the failure to explore these options led to the tribunal’s ruling of unfair dismissal. Employers will always be on firmer ground if they have tried to put in place a particular arrangement, as a result of reasonable adjustment requirements, and have evidence as to why it failed, rather than failing to explore any alternatives at all.
2. Thorough documentation is non-negotiable | Keeping detailed records of every step in the process is essential. From discussions with the employee to efforts made to accommodate their needs, comprehensive documentation can demonstrate fairness and compliance with legal obligations.
3. Health conditions must be carefully considered | When dealing with long-term sickness, it’s vital to fully understand the nature of the employee’s health challenges and their impact on work. Collaborate with medical professionals and ensure decisions are informed by expert advice.
4. Procedural fairness matters | Employers must ensure that dismissal is a last resort after exploring all reasonable alternatives. Transparent communication and adherence to policies are critical to mitigating the risk of unfair dismissal claims.
5. Training and awareness are essential | Equip managers with training on handling long-term sickness and understanding disability law. This helps ensure that decision-makers are well-versed in their responsibilities and reduces the likelihood of procedural errors.

How Plume can help

This case underscores the importance of acting with fairness, empathy, and diligence when managing long-term sickness. By prioritising reasonable adjustments, thorough procedures, and compassionate communication, you can protect both your employees and your organisation from legal and reputational risks.

‍Managing long-term sickness cases can be legally and emotionally complex. That’s where we come in. At Plume, we provide business-minded legal support to help you navigate these challenges. We can:

• Review and update your employment policies to ensure compliance with the Equality Act 2010.
• Provide tailored advice on managing long-term sickness and making reasonable adjustments.
• Support managers with training on disability law and fair dismissal procedures.

With our expertise, you can handle sensitive cases with confidence and ensure your organisation remains legally compliant while fostering a supportive workplace culture.