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Can you dismiss an employee while they are on leave?

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HC Online | 09 Dec 2015, 09:45 AM Agree 0
Is it possible to have a ‘fair and reasonable’ dismissal process for an employee who isn’t actually in the office?
  • Dee | 09 Dec 2015, 11:13 AM Agree 0
    Very interesting comments here. We had a situation where a woman took maternity leave, and we then discovered that her position was actually "unnecessary". Her tasks were absorbed by others very easily, and it was apparent that she had been padding up her time to fill the week (if that makes sense). She became completely redundant. However, it was not an easy task to terminate her.
  • Peter | 09 Dec 2015, 11:47 AM Agree 0
    We've recently had a case where an employee was absent and after a week got a sick cert. BUT prior to going on leave handed back his keys, left his company care and mobile.
    After another 2 weeks away, he called and said he wasn't coming back as he had got another job (during the time he was off 'sick'). We accepted that had 'constructively' resigned at the start of the 3 weeks 'sick' leave.
  • DX | 11 Dec 2015, 07:18 PM Agree 0
    “When an employee is on sick leave, unless they have been absent for more than three months in a 12 month period, it is unlawful to terminate them for the reason that they’ve been absent due to illness.” This is not quite correct. The employee has to have used up all their paid sick leave as well.
  • Angelique | 05 Apr 2017, 07:40 AM Agree 0
    So my question is ths. Who are we meant to contact concerning threat of being removed from the books prior to three months sick leave if the employee has been informed they are to taken off the books until they are able to return to work? And more to the point is it legal to do such?
  • plannet | 19 Apr 2017, 02:51 PM Agree 0
    like if ur on annual leave then the employer call the employee for dismissal letter its. that fair
  • B2 | 21 Apr 2017, 08:19 AM Agree 0
    Generally speaking no.. procedural fairness should still be adhered to including notifying the employee of potential accusations in writing, allowing them an opportunity to respond and bring a support person, as well as not predetermine for the outcome.
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