Being unwell is stressful enough without the added worry of losing your job. If you’ve been dismissed or feel like you’re being pushed out because of an illness, you might be wondering if its legal. This article outlines when a dismissal may be lawful, and when it could be a case of unfair or discriminatory treatment.
Can I Be Fired for Being Sick?
In short, yes you can be fired for being sick but only in certain circumstances. Your employer must follow a fair process and have a valid reason for the dismissal, such as long-term absence where no reasonable adjustments can help you return. If they haven’t explored all reasonable options or if you’re being treated differently because of a health condition, it could be unfair dismissal or even disability discrimination.
What If My Illness Is a Disability?
If your illness qualifies as a disability under the Equality Act 2010, your employer has a legal duty to make reasonable adjustments to support you at work. This might mean adjusting your hours, offering remote or flexible working, providing assistive equipment, or even changing some of your duties. If they’ve dismissed, you without considering adjustments it could be disability discrimination, and you may have a strong legal claim.
What Does a Fair Process Look Like?
If you are off work due to an illness, your employer still has a responsibility to treat you fairly and follow a fair process before considering dismissal. A fair process should include:
- Open communication while you’re off sick, keeping you informed and checking in on your recovery.
- Requesting medical evidence (with your permission), like a GP report or occupational health assessment, to understand your condition.
- A discussion about your return this could include phased hours or modified duties to help you transition back.
- Considering reasonable adjustments rather than rushing into termination.
- A formal meeting where you’re given the chance to respond before any final decision is made.
If your employer skips these steps and abruptly ends your employment, that’s not just poor handling, it could be classed as an unfair dismissal.
What If I Was Fired After a Short-Term Illness?
If you’ve had a couple of sick days and were shown the door, especially without a warning or proper meeting, it can feel deeply unfair. While employers do have the right to manage absence, they cannot legally dismiss someone simply for being ill, especially when it’s short-term and properly documented.
Even if you are new to the job, you are still entitled to fair treatment. Your employer should communicate with you, understand the reason for your absence, and give you the opportunity to explain. If they failed to follow any kind of process or dismissed you without warning or consultation, their actions could possibly be unlawful.
Can I Claim for Unfair Dismissal?
You may be able to. To make a claim for unfair dismissal, you usually need to have worked for your employer for at least two years.
However, if your dismissal relates to disability discrimination, there’s no two-year requirement and you could bring a claim regardless of your length of service.
What Should I Do If I Think I’ve Been Unfairly Dismissed?
If you believe you have been unfairly dismissed while on the sick, you should:
- Ask for written reasons for your dismissal, you’re entitled to them.
- Raise a grievance with your employer if you feel procedures weren’t followed.
- Contact ACAS for early conciliation, this is a required step before going to an employment tribunal.
- Seek legal advice the sooner, the better. Deadlines are tight (usually 3 months minus a day from the dismissal date or any discrimination suffered).
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