How to end employment on grounds of ill health—law firms
How to end employment on grounds of ill health—law firms

The following Practice Management guidance note provides comprehensive and up to date legal information covering:

  • How to end employment on grounds of ill health—law firms
  • When to end employment on grounds of ill health
  • Implementing a long-term sickness procedure
  • Legal implications and considerations
  • Conducting attendance review meetings
  • Obtaining a medical report
  • Making reasonable adjustments
  • Consider alternative employment
  • Establishing grounds for ending employment for ill health
  • Employee notification procedures
  • more

This Practice Note explains the procedures to be followed when you need to end employment on grounds of ill health.

When to end employment on grounds of ill health

There is no specific period of absence after which it is absolutely safe to end employment on grounds of ill health. It all depends on the individual circumstances and evidence of a fair process which demonstrates there was no alternative to ending employment. For this reason a long-term sickness procedure should be adopted for the management of all cases of:

  1. high absence rate caused by a health problem

  2. ongoing long-term absence

Implementing a long-term sickness procedure

Ending employment on grounds of ill health is the final step in a long-term sickness procedure. It should also be the last resort when nothing more can be done to enable the employee to return to work and there is no prospect of a return to work in the foreseeable future.

Typically a long-term sickness procedure will consist of:

  1. several Attendance Review Meetings (ARMs) conducted at regular interval over a period of time—see Practice Note: How to conduct an effective attendance review meeting—law firms

  2. obtaining a medical report (either from the employee’s own GP or through a private medical examination—see Practice Note: Medical reports [Archived] and finally

  3. a capability review meeting

See Precedent: Ending Employment on