Medical capability assistance Lawyers in St Helens
Dismissing employees based on medical capability is easy to get wrong, which can leave open the possibility of a dismissed employee bringing a claim against you in the Employment Tribunal.
When an employee is absent on the basis of illness, it is important as an employer to consider whether the employee may be categorised as disabled for the purposes of the Equality Act 2010. If a disciplinary policy is invoked against an employee who is absent due to a disability, this could entitle the employee to bring a discrimination claim against the employer.
As an employer, you have a duty to act reasonably and a duty to follow a fair procedure when making dismissals based on capability. In the case of illness, this will usually require extensive discuss and consultation with the employee and an investigation into the medical condition of the employee.
Hattons can assist you in ensuring that your duties as an employer are met, and we will advise you fully on your rights and obligations in these situations. We will work towards securing a good outcome for you and your business which does not leave you open to liability.
If you would like to find out more about Medical capability assistance call our expert legal team on 01744 744400, fill out our contact form below or contact our key person: