Case Study: Severance

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Severance on Medical Grounds

Probably one of the hardest decisions an employer will ever have to make is terminating the employment of an employee on health grounds. Of course it seems harsh to add to an employee’s problems by ending employment as well.

But the employer has a balancing act. It is a burden on the employer’s resources to continue to employ an employee who is either on long-term sick leave, or whose attendance is so poor as to warrant dismissal.

It is the latter cases that are most difficult of all. Where does an employer draw the line? And if the employee claims unfair dismissal, how does an Employment Tribunal judge the case?

An occupational health assessment will establish if there is an underlying health issue causing the absence. The assessment will also analyse psychological resilience to illness, and in so doing give a prognosis for future attendance.

With that information, the employer can make a judgement. Cases show that an Employment Tribunal will accept that an employer is eventually entitled to say “enough is enough”. Even where an employee is promising reform and improved attendance in the future, an employer may nonetheless be entitled to dismiss fairly.