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A tribunal will look at whether your employer looked into your medical condition to find out

the likelihood of you returning to work before they dismissed you. They will want to know:

how long you were off work and whether your employer had an accurate record of
your sick leave

what your employer did to get information about your medical condition

what any medical evidence said about your condition, including you ability to do
alternative work or when you might be likely to return to work

whether you were due to have any further treatment that might have improved your
chance of returning to work.

It's important to have medical evidence to support your claim. However, if the evidence says
that it's unlikely that you'll be able to return to work at all or that you'll be absent for a long
time, it will be easier for your employer to justify why they dismissed you.

An employer can dismiss you on the grounds of your ability to do the job because of long
term sickness. Before they do this they should follow the disciplinary and dismissal process
according to the Acas code. A tribunal will look at whether:

you were warned before the disciplinary process that your employment could be
ended so that you were fully aware of the seriousness of the situation

you were shown copies of any medical evidence and given a chance to respond to it
and your employers views

you disagreed with the medical evidence. If you disagreed, could you provide your
own medical evidence and did the employer take this into account?

A tribunal will look at what your employer could have done to make it easier for you to return
to work. This could include:

finding you some work, such as light duties, part-time work or another job

making adjustments to the workplace to help you do your job.

If an employer can show that they did this things and discussed them with you but you didn't
take up the offer, they may be able to justify dismissing you.
If an employer doesn't offer to do these things and you think that it would have been possible,
you should try to show the tribunal how this would have made a difference to you returning
to work.

However, an employer only has to make a reasonable effort and a tribunal will also look at
how big your employer is and how easy it would be to make the changes. They will also look
at the extra costs, such as training you might need, to see if they would be justified.
If your employer refused to make reasonable adjustments to help you return to work, you
may also be able to make a claim for discrimination.

Dismissal on the grounds of ability to do the job because of long term sickness.

Review meeting
If required you have the right to take someone with you
Has employee been warned that it is possible that his employment could be
terminated following the review. Yes / No (letter required)
Employment start date:
Start sick leave date:
Reason for sick leave:
Accurate record of sick leave- Sick notes and dates required
How long been off:

Provided

X weeks y days

Ability to do alternative work discussed with employee:

Yes / No

When are you likely to return to work ?


Are you due to have any treatment to help you get to work ?
Review of medical assessment made by third party?
Have we made reasonable efforts to explore other options, such as flexible
working, adapting the workplace or finding other work for him.
Yes / No
Do you agree with the medical reports ?

Yes / No

Do you have any other medical evidence that disagree with the reports. Yes / No

Send outcome of the hearing in writing and give a right of appeal

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