19th September 2017
The Lamb Brooks Employment Law Department is well versed in dealing with issues arising from both long-term and short-term sickness absences and can advise you on your rights and responsibilities.
Sometimes sickness absence is unavoidable because of injury, illness or disability. If you have taken intermittent sick leave or you are off sick long-term, you may be unsure as to whether you are being treated appropriately by your employer.
Ill-health is a potentially fair reason to dismiss under English law, however employers must first follow a fair capability process and consider whether any adjustments should be made if such absences are linked to an underlying disability.
Stress affects people in different ways. Some people thrive on it, while for others it can be debilitating and even lead to depression. Stress can be the result of pressures at work, at home or everyday life and how this affects your working life will differ from person to person.
Your employer has a duty to provide you with a safe working environment, which includes carrying out risk assessment into unsafe working practices and considering what improvements should be made. If your employer is in breach of this duty, this may give rise to a constructive dismissal claim. Further, if the stress you are suffering is because of a disability or is exacerbating a pre-existing medical condition, your employer may also be under a duty to make reasonable adjustments under the Equality Act 2010.
If you are worried about losing your job due to sickness or stress and feel that you are being treated unfairly, please call our Employment Law department today.
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Head of Employment Department
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Lamb Brooks LLP
39 Winchester Street
f: 01256 330 933
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