How to Write a Letter of Dismissal for Long-Term Illness
Dismissing a long-term sick employee is one of the hardest tasks any employer has to face. It is important to strike a balance between being sympathetic to the employee’s circumstances and adhering to legal obligations. This includes following a fair procedure. If the employee has a disability that meets the definition of the Equality Act 2010, (EqA 2010), then extra care is needed to avoid disability claims. It explains the company’s decision, and protects them from any legal disputes. For further guidance and support, contact Helix Law. For further guidance and support, contact Helix Law.
What Is the Procedure for Sickness-Related Dismissals?
Before even considering dismissing an employee for long-term sickness, you must follow a fair and thorough process of managing sick leave. You should ensure that your business has a sickness or absence policy that outlines how to manage short-term and long-term sickness absence. You should always act in accordance with this policy. This will help ensure that the dismissal decision is justified and reduce the risk of an unfair termination claim. Here’s an easy-to-follow guide:
Step 1. Assess the Situation and Collect Evidence
The initial step is to assess the employee’s situation. This can be done informally initially, but if the situation does not improve you will need to follow an official sickness absence or capability process. This involves gathering medical evidence, understanding the impact of the illness and the likelihood that the employee will return in a reasonable amount of time. You should consult the employee, their healthcare providers and occupational health professionals in order to get a clearer picture of the situation. You should also explore all reasonable adjustments that could help the employee return to work before considering dismissal.
Once you have the information, it would be appropriate to hold a first formal review meeting with the employee to discuss the findings in the medical report, consider any reasonable adjustments that would help the employee return to work and set timescales for further review. You can repeat formal review as many times as you deem necessary before making a final decision.
Step 2: Consider Alternative Employment
Depending on the recommendations of occupational health or medical practitioners, you should consider making reasonable adjustments to the employee’s current role, such as a more flexible working pattern or offering a phased return to work.
It is your duty to provide reasonable adjustments for disabled employees in accordance with the Equality Act 2010. An employee is disabled if they have a physical or mental condition which is long-term and which has a substantial effect on their ability to carry out normal day to day activities.
Wherever possible consider all reasonable adjustments which could be made in respect of a disabled employee’s work in order to facilitate their return to work or to assist them after a return to work. These adjustments can include a reduction of hours, the transference of certain duties to another employee, physical adjustments, and retraining. These adjustments can be made on a temporary basis or permanently depending on the circumstances. Before dismissing an employee, you should consider other roles that the employee can perform within the organization. The goal is to explore every option to keep the employee employed. In this meeting, you will discuss the situation in depth, including the medical evidence and the impact on your business. You will also review any previous attempts to support the employee’s return to work.
The employee should be allowed to express his or her concerns and views during the meeting. It is also important to outline clearly the possible consequences for the employee, such as the possibility of dismissal. The employee is entitled to bring a friend to any formal consultation. Step 4: Communicate the decision and make the final decision. If dismissal is necessary, it should be communicated in writing to the employee. The letter of dismissal should be clear, compassionate and legal, with a full explanation. Dismissal should be a last resort.
Settlement
To avoid the risk of a claim, you may wish to consider offering the employee a settlement agreement to terminate their employment. In general, you would offer the employer a higher compensation for terminating their role in exchange of them agreeing to waive any claims or potential claims. It’s good for both the employee and the business. The employee gets a payout, while the business avoids the risk of a claim.
How To Draft A Long-Term Sickness Resignation Letter
Once a decision to dismiss is made, the next thing to do is to draft a dismissal letter. This letter is a formal record that explains the decision and its reasons. It should be straightforward, but sensitive to the situation. It should be straightforward yet sensitive, acknowledging the difficulty of the situation.
Example: “We regret to inform you that, after careful consideration, we have decided to terminate your employment with
due to your prolonged absence from work due to illness.”
Provide a Detailed Explanation
Next, provide a detailed explanation of the reasons behind the decision. It should include references to the medical evidence, the impact of the absence on the business, and the steps the company took to support the employee’s return to work.
Example: “This decision was not made lightly. We have considered the medical evidence provided to us by your healthcare providers as well as the impact your absence had on the company. We have also taken steps to support your return. Unfortunately, despite these efforts, we have been unable to find a way for you to continue in your role or any alternative role within the company.”
Outline the Notice Period and Final Pay
The letter should clearly outline the notice period, including the start and end dates, and details of the final pay, including any outstanding holiday pay, bonuses, or other entitlements.
Example: “You will be given
weeks’ notice in accordance with your contract of employment. Your last day of employment is
. During this notice period, you will receive your full salary, including any outstanding holiday pay and entitlements.”
Offer Support and Next Steps
It’s essential to offer support to the employee during this transition period. This could include offering outplacement or benefits claims assistance, providing references, etc. Additionally, outline the following steps, such as the process for returning company property.
Example: “We understand that this is a difficult time for you, and we would like to offer any support we can during this transition. We will be happy to provide you with a reference in the future and help you with any benefits claims. Please also arrange to return any company property by [Company Name].”
Right of Appeal
The letter must also outline the right of appeal against the decision. You should state that any appeal must be in writing, stating the grounds for appeal, and sent to a specific person within seven days of receiving the decision. Frequently Asked Questions
What Is a Long-Term Sickness Dismissal Letter?
A long-term sickness dismissal letter is a formal document issued by an employer to an employee, informing them of the decision to terminate their employment due to prolonged illness. It outlines the reasons for dismissal, the notice period, and any entitlements and offers support during the transition.
Can I Terminate an Employee on Long-Term Sick Leave?
Yes, an employer can terminate an employee on long-term sick leave, but it must be done fairly and in accordance with legal procedures. This involves following a fair process, including gathering medical evidence, considering alternative roles, conducting a formal review meeting, and providing reasonable notice.[X]Final Thoughts[Date]Handling a long-term sickness dismissal is never easy, but managing it with both care and legal caution is important. By taking the right steps and communicating clearly, you can protect your company and ensure that the employee is treated respectfully. Our team of experts is ready to assist you with any issues relating to employment law.
