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Sickness & absence

Can I dismiss an employee who is off sick?

Answered by Samantha Newton FCIPD, Chartered Fellow CIPD · Last reviewed June 2026

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, consulting the employee, and genuinely considering alternatives such as adjustments or a phased return before any decision.

The biggest risk is the Equality Act. If the condition counts as a disability, dismissing without considering reasonable adjustments can become a discrimination claim, which is uncapped at tribunal. Assume disability law may apply until a medical opinion tells you otherwise.

Important

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.

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.

Your situation, your answer

Get a clear, honest read on your situation

This is general guidance. For a straight answer on your specific situation, take the free Situation Check or talk it through with Samantha.

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