Areas of Law / Employment

We have an employee who has worked for the firm for 28 years, but he has been off sick 12 months and the firm’s doctor says he is no longer capable of doing his job. We want to end his employment on medical grounds. Will we have to offer him different work?

If the employee’s illness is reckoned to be a “disability” within the meaning of the Equality Act (it constitutes a physical or mental impairment which has a substantial and long-term adverse effect on the ability to carry out normal day-to-day activities) you should probably look at alternative employment for him, or make adjustments to his job if possible. If he isn’t suffering from a disability you can initiate normal disciplinary procedures, including inviting the employee for an interview to discuss his plans. You may need more detailed advice.

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