Where an employee has been absent for a long-term continuous period, the employer should try to establish the true medical position and consult with the employee before deciding whether to dismiss. The employer should obtain a medical opinion on the prognosis for the employee’s underlying health condition and when he/she will be fit enough to return to work. 

The employer must also consider whether the employee is suffering from a disability, as the employer would be under a duty to make reasonable adjustments and not to discriminate if the employee does have a disability. This is why the referral to occupational health will be advisable. 

Fairness

Fairness in cases of long-term absence will involve the following key elements:

• ascertaining the up-to-date medical position on when the employee is likely to return;

• consulting with the employee; and

• considering the availability of alternative employment.

Assuming the tribunal is satisfied that an employer has followed a fair procedure, the final question will be whether the employer can be expected to keep the employee's job open any longer. How much longer an employer may be reasonably expected to wait will be a fact-sensitive question based on the nature and context of the employee's job and illness, as well as the size of the employer and the resources available to it.