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Sickness absence and dismissal covers dealing with an employee who is unfit for work due to illness and may be dismissed for persistent or prolonged absence. A solicitor in this area drafts and reviews capability and sickness-management procedures, gathers medical evidence, and negotiates settlements or compromises. They advise on statutory sick pay, holiday entitlement, and potential discrimination risks, and represent the client in any potential tribunal or court proceedings where a dismissal decision is challenged.
This work involves drafting and refining capability procedures, sickness absence management, medical evidence requests, and formal warnings; advising on Statutory Sick Pay and related benefits; negotiating settlement agreements; and representing clients at hearings or tribunals when a dismissal is disputed, or at court in related challenges. It requires navigating evidentiary thresholds, timelines, and potential discrimination concerns arising from disability.
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