Sickness absence and ill-health dismissal

An employer can dismiss for long-term or repeated sickness, but only after a fair process, and not where the dismissal is disability discrimination. If you are off sick and being called to meetings, or you have been dismissed, we tell you where you stand. We advise across England and Wales by phone or video, or at our Manchester office.

Key points

• Capability, which includes ill health, is a potentially fair reason for dismissal. The process decides whether it is fair.
• If your condition is a disability, your employer must consider reasonable adjustments first.
• Statutory sick pay has been payable from the first day of absence since 6 April 2026.
• A tribunal claim must be started within six months less one day, after contacting Acas.

What a fair process looks like

Before dismissing for ill health, a reasonable employer will do the following.

• Find out the medical position, usually from your GP or an occupational health report, with your consent.
• Meet you to discuss the report, how you are and when you might return.
• Consider adjustments, a phased return or a different role.
• Warn you that dismissal is being considered, and give you the right to be accompanied and to appeal.

The question for a tribunal is whether the employer could be expected to wait any longer. The size of the business, the effect of your absence and the medical outlook all count. With short, repeated absences an employer will usually follow an attendance procedure with warnings.

Disability

If your condition has lasted, or is likely to last, 12 months and has a substantial effect on your day-to-day life, it is likely to be a disability. Your employer must then make reasonable adjustments, which can include discounting disability-related absence from attendance triggers. A dismissal for absence caused by a disability is discrimination unless the employer can justify it. See disability discrimination at work.

Sick pay

Statutory sick pay is paid for up to 28 weeks. Since 6 April 2026 it is paid from the first day you are off, and the lower earnings limit has gone, so lower-paid workers now qualify. Your contract may give you more. If sick pay is not paid, you can claim it as unpaid wages.

Holiday, pregnancy and work-related illness

You carry on building up holiday while off sick and can carry over statutory holiday you could not take. Pregnancy-related absence must be recorded separately and not counted against you. Where your employer caused the illness, for example through bullying or overwork, that affects how long it should wait before dismissing and may give you other claims.

If you have been dismissed

You may have a claim for unfair dismissal if you have the qualifying service: two years for dismissals up to 31 December 2026 and six months from 1 January 2027. A disability discrimination claim needs no qualifying service. You are also owed your notice pay, at full pay in most cases even if your sick pay has run out, and your accrued holiday.

How we work

We read the absence procedure, the medical evidence and the letters, prepare you for the meeting, and write to your employer where the process is going wrong. If you have been dismissed we deal with the appeal, Acas and the tribunal claim.

What it costs

We assess your case first and agree how you will pay, and what it will cost, before any work starts. A first consultation is £100 for half an hour or £180 for an hour. Typical costs for a tribunal claim are on our fees page.

Questions people ask

Ask a question

Not sure where you stand? Ask a solicitor and we will reply by phone or email, or send an enquiry for a free initial assessment.