Being dismissed after an extended leave of absence could still amount to a fair dismissal if your employer can argue that you are incapable of performing your role but this is very much dependent on the circumstances. If the correct processes in this situation are not followed, there could be a case for disability discrimination.
Your employer should have several meetings with you before proceeding to a dismissal taking steps to determine the medical position. For example, we would expect your employer to take into account: the prospect of you returning to work; the likelihood of the recurrence of the illness and the effect of absences on the rest of the workforce.
The employment team at Vardags can support you through a capability procedure at every stage.
Vardags Limited is a limited company trading as Vardags, Company No 7199468, registered in England and Wales, having its registered office at 10 Old Bailey, London EC4M 7NG. Vardags is authorised and regulated by the Solicitors Regulation Authority (SRA Number 535955). Its VAT number is 99 001 7230.
Vardags uses the term ‘Partner’ as a professional title only, to describe a Senior Solicitor, Employee or Consultant with relevant experience, expertise and qualifications (whether legally qualified or otherwise) to merit the title. Our Partners are not partners in the legal sense. They are not liable for the debts, liabilities or obligations of Vardags Limited. Similarly, the term ’Director’ is a professional title only, to describe a non-legally qualified employee or consultant of Vardags with relevant experience, expertise and qualifications to merit the title. It does not necessarily imply that the relevant individual is a director of Vardags Limited.
A list of the directors of Vardags Limited and a list of the names of those using the title of ’Director’ and ’Partner’ together with their official status is available for inspection at Vardags’ registered office.