Many thanks for your patience. He will have certain rights due to his condition, which is likely to amount to a disability under UK laws.
In terms of a potential dismissal, capability, where an employee is unable to perform the job they were employed to do due to ill health, is a potentially fair reason for dismissal under the Employment Rights Act 1996. Capability is assessed by reference to the employee’s skill, aptitude, health or any other physical or mental quality.
Apart from showing that capability was the reason for dismissal, the employer would also be required to follow a fair procedure. The leading case on fairness in these situations said that the employer should establish the true medical position and consult with the employee before deciding whether to dismiss. Another important consideration is whether any reasonable employer would have waited longer in the circumstances before dismissing the employee.
When looking at the reasonableness of such a dismissal, the tribunal will usually look at the following factors:
· What was the nature of the illness and did the employer make attempts to gather more information on it, such as asking for medical reports or examinations
· The need for the employer to have someone doing the work
· The employee's length of service
· Was the employee consulted over their position
· The availability of other suitable employment that the employee could do instead
In any event, dismissal should be used as a last resort. Only when it is obvious that the employee cannot continue in their job, that their absences are having a detrimental effect on the business and that there were no alternative roles available for them to do, would dismissal become a fair option.
So in summary, if the employer has not taken time to investigate the true medical position, whether suitable employment was available and generally considered the effects the employee's condition would have on the business, any dismissal could potentially be unfair. In addition, if they have failed to make reasonable adjustments in the event the employee's was classified as disabled, this could also amount to disability discrimination.
There is no right or wrong approach in terms of which option he chooses as each may have its own advantages and disadvantages so it is up to you to decide but one thing to be aware of is that if he leaves with compensation now, he will likely be signing away hs rights to claim in the future so must ensure he is satisfied with the offer that has been made.
Does this answer your query?