Employment Lawyers Can Answer Your Employment Law Questions
Hello again, do you know what the reasons for her absence are (officially from the sick note)?
No, She hasn;t mentioned dates to and from or what the illness is this time - if you remember last week was a chest infection. Should I text her to find out?
you may want to - the only issue here is whether the reasons for her illness amount to a disability because you cannot dismiss her if that is the case (well not just like that anyway, it is a long drawn process).
In the legal sense of the word, disability can have a broad meaning and there is no single list of medical conditions that qualify. Instead, to establish whether a person is disabled, they need to show that they meet the legal definition of a ‘disability’.
The Equality Act 2010 defines a disability as a “physical or mental impairment that has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities”.
I will break this definition down:
If a person satisfies the above criteria, they will be classified as being disabled and will have automatic protection against discrimination, which means that they must not be treated unfavourably because of their disability. So if there is any possibility that she may be classified as disabled then be careful about dismissal and allow her time off, make sure she has valid sick notes to cover that and then when she returns discuss the situation with her. If it is apparent that disability is not an issue here then you can dismiss her straight away as previously discussed
Hello, I see you have accessed and read my answer to your query. 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? I just need to know whether to close the question or not? Thanks
She has sent a photo of the sick note however the top section is missing. It states chest infection however I also think it says something else above which is missing, and from the 7th of Sept to the 22nd of Sept.
I am going to text tomorrow to see if I can pop round for them both - this won't be seen as harrassment will it?
Once I have it in my hand I will let you know what it says