Hello, my name is Ben and it is my pleasure to assist you with your question today.
What is the reason for her sickness?
Helklo not sure if you saw my initial query above - what is the reason for this person's sickness that is keeping her away from work?
Do you know how long she may be off sick for?
If she has been continuously employed at her place of work for less than 2 years then her employment rights will generally be quite limited. Most importantly, she will not be protected against unfair dismissal. This means that you can dismiss her for more or less any reason, and without following a fair procedure, as long as your decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because she was trying to assert any of her statutory rights (e.g. requesting maternity leave, etc.).
If the dismissal had nothing to do with any of the above exceptions then she would not be able to challenge it and her only protection would be if she was not paid her contractual notice period, because unless she was dismissed for gross misconduct, she would be entitled to receive her contractual notice period. If she did not have a written contract in place she would be entitled to the minimum statutory notice period of 1 week.
Now the only concern here is whether her condition could amount to a disability in law but for that to happen she needs to have a medical condition which has lasted or is likely to last for more than a year. Assuming this was an illness which has come and gone in less than a year and there are unlikely to be any direct effects of it lasting for longer than that, it is unlikely to be a disability and it won’t therefore fall within one of the exceptions I mentioned above, meaning you may still dismiss her.
Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks