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this employment law video is on long term absence it is a misconception that employers cannot dismiss employees who were on long term sickness capability is a potentially fair reason for dismissal and a dismissal on the grounds of ill health could be fair an employer would be required to follow a fair process also an employee could depending on the particular circumstances come within disability discrimination protection support for the employee employees who are on long term sickness should be supported by their employers this could include keeping in regular contact with the employee and agreeing a preferred method of communication ensuring that any statutory sick pay or contractual sick pay obligations are met also exercising any discretion to pay sick pay fairly and before an employee returns to work consider referring the employee for an occupational health assessment and agreeing a back to work plan unfair dismissal generally employees who have at least two years continuous servi
