5 things HR needs to consider before sacking the sick

Sick employees are an expensive problem for employers. But how long should employers wait before taking the step of dismissing an employee for being incapable of doing their job?

We spoke to Rhian Radia, Partner and Head of Employment Law at Hodge Jones & Allen, about this. She cited the recent Court of Appeal decision in O’Brien V Bolton St Catherine’s Academy as an example that provides useful guidance.

Radia describes the case: “O’Brien, a teacher at Bolton St Catherine’s Academy, was assaulted by a pupil which resulted in her being diagnosed with anxiety, depression and post-traumatic stress disorder.

“After a year off work, the Academy dismissed O’Brien saying that there was no evidence that she would return to work in the near future. However, O’Brien then produced a fit note at an appeal hearing stating she could return imminently. The decision to dismiss O’Brien was nevertheless upheld.