Sick Leave & Dismissal: What Are My Rights?

If you've been off work due to illness and your employer is now considering dismissal, you might be wondering: What rights do I actually have?

The key lies in understanding the difference between a temporary illness and a long-term health condition that qualifies as a disability, and how both are treated under UK employment law.

⚖️ What Counts As Fair?

Under the Employment Rights Act 1996, employers must have a fair reason for dismissal — and follow a fair process. If they’re relying on ill health (called capability dismissal), they should:

• • Consult with you directly

• • Seek medical evidence (e.g. from Occupational Health or your GP)

• • Consider adjustments to your role or work pattern

• • Explore alternatives to dismissal, like redeployment

👉 If they fail to do this, the dismissal may be considered unfair, even if you're genuinely unwell.

📘 Illness vs Disability — What's the Difference?

Not every illness is a disability — but you don’t need a formal diagnosis or government recognition to be protected.

Under the Equality Act 2010, a disability is defined as:

“A physical or mental impairment that has a substantial and long-term adverse effect on day-to-day activities.”

This means you don’t need to register your disability or get a formal label from your employer or the DWP. If your condition:

• • Lasts or is expected to last 12 months or more

• • Significantly affects things like walking, concentration, energy levels, or digestion

• • Has been medically recognised (even informally)

— then you may qualify for protection under the Equality Act.

🛡️ Employers have a legal duty to make reasonable adjustments to help you stay in work — and failure to do so can amount to disability discrimination.

🛑 When Your Illness Isn’t a Disability

Even if your condition doesn’t meet the legal definition of a disability, you still have rights:

• • Your employer must act reasonably and fairly

• • You should not be dismissed without proper procedure

• • Short-term sickness cannot justify automatic dismissal

Fairness depends on:

• • The length and impact of your absence

• • The business's needs

• • Whether they acted with care and considered all options

🧾 Does Sick Pay Matter?

A company sick-pay policy or statutory sick pay (SSP) does not automatically make dismissal fair or unfair. It’s only one part of the picture. What matters most is how your employer handles your illness — not just what’s written in the contract.

🚨 If You’ve Been Dismissed

If you believe your dismissal was unfair or discriminatory, you may be able to claim:

• • Unfair dismissal under the Employment Rights Act

• • Disability discrimination under the Equality Act

⚠️ Claims must be filed within 3 months less one day of the dismissal/discrimination date, so don’t wait too long.

You can also contact me to begin the procedure against your employer.