Yes, but only on capability grounds, after a fair process, and with the disability question handled carefully. That means getting up-to-date medical evidence, talking to the employee, and genuinely looking at alternatives like adjustments or a phased return before you decide anything.
The biggest risk is the Equality Act. If the condition counts as a disability, dismissing without considering reasonable adjustments can become a discrimination claim, and those have no cap at tribunal. Assume disability law might apply until a medical opinion tells you otherwise.
Every situation has its own details, and those details change the right answer. For a read on yours, take the free Employee Situation Check or book a call.
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How to handle this, in a couple of minutes
Samantha talks through the practical steps.
General guidance to help you decide your next step, not legal advice. Employment law changes, so always check the current position for your own situation.
