Occasionally, you may be off work for either short-term or long-term absence. Your employer may react in a variety of ways to either situation.

For repeated or excessive short-term absences, you may face disciplinary action. If you are warned about such absences, your employer may escalate the warnings and ultimately dismiss you.

Long-term absence often has different considerations. If you are off work for a long period, you may well be suffering from a disability and any action your employer takes may amount to discrimination. Many employers offer income protection insurance, which triggers after 3 or 6 months’ absence, and which replaces your income; usually 75%. If you have such insurance from your employer, it can make it very difficult for your employer to dismiss you, as any dismissal will deny you the benefit of the insurance.

If your long-term absence is an issue for your employer, it may well require you to attend occupational health (or contact your GP/consultant) for a medical report so it can better understand your diagnosis and prognosis. The main purpose of the medical report is to give your employer more information, but they are also used to help your employer identify whether you have a disability. 

If the medical report advises that you are unlikely to return to work in the short to mid-term then your employer may be able to terminate your employment. Your employer should meet with you and discuss any medical report, but, ultimately, if you are not capable of fulfilling the job for which you were employed and there is no prospect of a return to work (and no income protection insurance), your employer may be able to fairly terminate your employment. Your employer will also need to satisfy itself that any such dismissal does not amount to discrimination, but that's where the medical report will also come into play.

If you are concerned about action your employer is taking owing to any absences you have had, you should seek legal advice. Our expert employment law solicitors will be able to assist.