Long term sickness can have a significant impact on an individual’s ability to work and earn a living. It is essential for employees to be aware of their rights when facing long term sickness and understand what support and protections are available to them under the law. In this article, we will explore the rights of employees who are dealing with long term sickness and how employers can support them during this challenging time.
Employees who are unable to work due to long term sickness are protected by the Equality Act 2010, which prohibits discrimination on the grounds of disability. Under this legislation, individuals are considered to have a disability if they have a physical or mental impairment that has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities. Employers are required to make reasonable adjustments to ensure that employees with disabilities are not disadvantaged in the workplace.
One of the key rights that employees have when dealing with long term sickness is the right to take time off work for medical appointments and treatment. This time off is typically unpaid, but employers may choose to offer paid leave as part of their sick leave policy. Employees are also entitled to statutory sick pay if they have been off work due to sickness for four or more consecutive days. Statutory sick pay is paid by the employer for up to 28 weeks and is currently set at £96.35 per week.
Employees who are unable to work due to long term sickness may also be eligible for other forms of financial support, such as disability benefits or income protection insurance. It is important for individuals to explore all available options and seek advice from a professional, such as a benefits adviser or solicitor, to ensure they are receiving the support they are entitled to.
In some cases, employees who are unable to return to work due to long term sickness may be dismissed by their employer. However, this must be done in a fair and lawful manner. Employers are required to follow a fair dismissal procedure, which typically includes obtaining medical evidence to support the decision to dismiss, considering alternative options such as redeployment or reduced hours, and giving the employee the opportunity to appeal the decision.
If an employee believes that they have been unfairly dismissed due to long term sickness, they may be able to challenge the decision by bringing a claim for unfair dismissal to an employment tribunal. It is important for employees to seek legal advice if they believe they have been unfairly dismissed, as the process can be complex and time-consuming.
Employers have a duty to support employees who are dealing with long term sickness and to ensure that they are treated fairly and respectfully throughout the process. This includes providing access to occupational health services, offering flexible working arrangements where possible, and keeping in regular contact with the employee to discuss their progress and any adjustments that may be needed.
Employers should also be aware of their obligations under the Equality Act 2010 and take steps to prevent discrimination against employees with long term sickness. This includes making reasonable adjustments to the workplace, such as providing special equipment or modifying duties, to ensure that employees are not disadvantaged due to their disability.
In conclusion, employees who are dealing with long term sickness have rights and protections under the law that they should be aware of. Employers have a duty to support their employees during this challenging time and to ensure that they are treated fairly and respectfully. By understanding their rights and seeking advice when needed, individuals can navigate the complexities of long term sickness employment rights and access the support they need to return to work successfully.