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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.
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