Can I be dismissed while on sick leave?
An employer can sometimes dismiss an employee during long-term sickness absence, but dismissal should normally be a last resort and a fair process matters. Disability discrimination, reasonable adjustments, medical evidence and the employee’s ability to return can all affect the position.
Questions that matter
- How long have you been absent and what medical evidence exists?
- Has the employer consulted you about a return?
- Were adjustments, alternative duties or a phased return considered?
- Could the condition meet the legal definition of disability?
- What procedure and appeal route did the employer use?
Keep the relevant documents
Save fit notes, occupational-health reports, meeting invitations, notes, adjustment requests, absence policies and dismissal correspondence. Record dates carefully. Separate medical facts from assumptions about the employer’s motive.
Procedure and discrimination
Acas says dismissal for long-term illness should be a last resort. An employer should support a return to work and consider reasonable adjustments where disability is involved. A dismissal can raise unfair-dismissal and discrimination questions, depending on the facts and employment status.
Act promptly
Employment claims can have short time limits. An internal appeal does not necessarily stop time running. Check current Acas guidance and seek qualified help quickly.
Official information
Read Acas guidance on fair dismissal procedure. To organise your own facts, prepare a personalised preview.
General information for England and Wales. Not legal advice. Check current official guidance and urgent deadlines before acting.