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Case Study - Chorley
Chorley - Ill Health Capability Dismissal Support
Managing a sensitive long-term sickness absence
A manufacturing organisation in Chorley had an employee who had been absent from work for an extended period due to a health condition that was not improving.
Several Occupational Health reports had been obtained, but they could not confirm when, or whether, the employee was likely to return to work. They were also unable to recommend suitable or reasonable adjustments that would enable a return.
As the employee approached 12 months’ absence, had exhausted Statutory Sick Pay and the business needed to make appropriate arrangements for the role, I was brought in to support and manage the ill health capability process.
Long-term sickness absence can be difficult for everyone involved. The employee was dealing with an ongoing health condition and uncertainty about their future, while the business was managing operational pressures, additional workload and the practical need to have the role covered.
These cases need to be handled carefully. A long period of absence does not, by itself, mean that dismissal is appropriate. The business needed to understand the medical position, consider whether a return to work may be possible, explore reasonable adjustments and alternatives, and give the employee a fair opportunity to contribute to the process.
In this case, the available medical evidence did not provide a clear timescale for a return or identify adjustments that were likely to facilitate one. That uncertainty needed to be considered alongside the ongoing needs of the business, rather than making assumptions about either the employee’s health or their ability to return.
I supported the business in managing the process, helping it consider the relevant information, its legal responsibilities and the potential risks associated with disability discrimination and a failure to make reasonable adjustments.
My approach was not simply about reaching an outcome. It was about making sure the process was fair, proportionate and properly considered, while also treating the employee with dignity and sensitivity throughout what was likely to be a difficult situation. The business was able to make an informed decision based on the information available, having considered the employee’s circumstances, the medical advice, the possibility of a return and the operational requirements of the organisation.
Are you an employer in Chorley or the surrounding areas dealing with a long-term sickness absence?
If you're managing a long-term sickness absence and aren't sure what steps to take next, book a free discovery call. I can help you understand the options, review the information available and work through a fair, sensitive and legally informed approach that considers both the employee's circumstances and the needs of your business.
