Can an Employee Be Fired While on Sick Leave in the UK?

Key Takeaways

• – Employees on sick leave in the UK can be lawfully dismissed, but only if the employer follows a fair and reasonable process.
• – Dismissal during sick leave may be based on misconduct, breach of contract, or capability if the illness prevents the employee from doing their job.
• – Before dismissing someone for long-term illness, the employer must consider reasonable adjustments or alternative roles that could accommodate the employee.
• – Employers must retain detailed records, give the employee a fair opportunity to recover, and allow them to challenge any medical evidence used in the dismissal decision.

Termination of employment is possible for an employee on sick leave. Typically, it’s due to misconduct (which can be unrelated to their absence from work) or breach of contract. There are justifiable reasons for dismissal, even if an employee is on sick leave with a genuine illness. Although employers need to be careful to follow the correct procedures, act reasonably and carefully, sickness is not a total bar to termination.

An employee on long-term sick leave due to an illness or condition which prevents them from doing their job—for instance, a lorry driver with a back problem that prevents them from sitting for long periods—cannot be dismissed for that reason. This is a capability issue, not a matter of misconduct.

There can be valid and justified reasons to dismiss an employee, even if they are on sick leave for legitimate reasons. If, as in the example above, an employee has a capacity issue, the employer must consider whether they could make any reasonable adjustments to help the employee return to work before termination takes place. This includes considering the employee for other positions in the company that would not be impacted by their capacity issue. Depending upon the nature of the illness or condition—and the type of job—this may not be possible.

The employer must behave fairly and reasonably. Persistent and repeated sickness could have an underlying disability as its cause, and it would be discriminatory to dismiss an employee on such grounds. 

Whatever process the employer follows for dismissal should be fair and transparent. Medical records and a written account of how the employer handled the employee’s case should be kept. The employee should be offered a reasonable recovery period and the opportunity to discuss or dispute any medical evidence the employer holds. 

The written record needs to be robust and detailed in case the dismissal is later challenged at an employment tribunal.

FAQs

Can I be fired while on sick leave in the UK?

Yes. Being on sick leave does not prevent dismissal. However, an employer must follow a fair and reasonable process. Dismissal could be for misconduct, breach of contract, or capability if the illness prevents you from performing your role.

Can you be sacked while on sick leave?

Yes, but only if the employer follows correct procedures. They must investigate the situation fairly, allow you to challenge medical evidence, and keep detailed records. An unfair or rushed dismissal could be successfully challenged at an employment tribunal.

Can you dismiss someone on sick leave?

Employers may dismiss staff on sick leave, but before doing so they must:

• Consider whether reasonable adjustments would allow the employee to continue working, especially if the illness amounts to a disability.
• Explore alternative roles.
• Provide a fair opportunity for recovery.
• Dismissal without these steps risks being unlawful.

How long can you be on sick leave before dismissal in the UK?

There is no set legal time limit. An employer can dismiss for long-term sickness only if it becomes clear that the employee cannot return to their role, reasonable adjustments would not work, and alternative roles are unavailable. Each case depends on the nature of the illness, the job, and the employer’s ability to accommodate.