Sickness Absence

Nobody wants to miss days in the office because of illness. Illness is frustrating for an employer, as well as the employee who has to catch up on overdue work after being away. However, illness is a part of life and the terms of your employment will include protective measures to ensure you are not unjustly dismissed or treated unfairly due to your ill health.

If you think that you have been victimised due to an illness, your employer has used your illness to remove you from your role, or you have not been given the sick pay you are entitled to, you could be able to claim compensation – call our team on 0345 872 6666 to find out more. Alternatively, fill in our online enquiry form and we’ll get back to you.

What are your rights?

Depending on your company’s specific policy you will either be entitled to company sick pay, or Statutory Sick Pay. The only way an employer can dismiss you based on your illness is if it is long-term and means that you cannot carry out your role to the required standard.

Before dismissing you through illness your employer has to:

  • Look into ways of supporting your return to the workplace
  • Give you adequate recovery time

Having time off through sickness should have no impact on your rights to annual leave, unless you are absent from work for a very long time. Sickness cannot be used as a reason to deny other employment rights, including maternity leave.

The rights of your employer

Your employer has the right to:

  • Ask for proof of sickness (for absence of less than a week self-certification is usually sufficient, longer illnesses may require a doctor’s note)
  • Only pay you Statutory Sick Pay (£85.85 per week for up to 28 weeks)
  • Dismiss you if you qualify as long-term sick and there is no reasonable way in which you could return to your workplace in any capacity. This is usually a last resort and one which employers will look to avoid.

Talk to JMW today

If your employer has treated you unfairly due to sickness absence, or has not given you sufficient recovery time or your entitled sick pay, you could be entitled to make a claim for compensation. To find out whether you can make a claim give our employment law team a call on 0345 872 6666 or fill out our enquiry form and someone will be in touch.

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