What's medical incapacity dismissal?

Question

Accepted Answer

Dismissal for medical incapacity is very rare. If your employer dismisses you for incapacity, they have to follow a fair process. They should know it’s common for a dismissal for medical incapacity process to several weeks, if not months, and there will be a number of meetings or exchanges of information. This ensures that both parties get the chance to present evidence and give feedback, and that all alternatives are considered.
Fair process must include:
• Giving you a reasonable time to recover from the injury or illness
• Going through a fair enquiry into your situation, medical prognosis, and ongoing needs before deciding whether to dismiss (they need to balance fairness to you with the needs of the business)
• Notifying you that you could be dismissed
• Giving you a fair chance to give your feedback, suggestions, and thoughts on any proposition
• Taking into account your length of service and whether the job or business contributed to your injury or illness
• Investigating whether there are alternative duties or working arrangements, e.g. staggering your return to work, working from home.
In the event of dismissal for incapacity, your employer doesn’t have to pay out your notice period if you’re not currently at work (you’re not available to attend the hours of work), but it would be an act of goodwill to do so.
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