We have a number of staff on long term unpaid sick leave, in some cases in excess of 2 years. What approach should be adopted in relation to ceasing their employment? And what are the pitfalls in doing this?

Posted in : First Tuesday Q&A ROI on 6 January 2015
Elaine Mettler
Arthur Cox
Issues covered:

When ceasing an employee’s employment on grounds of incapability or incapacity, the employer may face exposure under:

  • (i) the Unfair Dismissals Acts 1977 and 2007, on the basis that the dismissal itself was unfair,
  • (ii) under the Employment Equality Acts 1998 to 2011, on the basis that the dismissal was discriminatory on grounds of disability, or;
  • (iii) potentially under civil law, for example, wrongful dismissal.

Under the Unfair Dismissals Acts 1977 to 2007, an employer may dismiss an employee on the grounds of incapability if the employee is incapable of performing the work which they were hired to do. The employer will be required to demonstrate that there is a reason for terminating

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Back to Q&A's This article is correct at 02/09/2015

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Elaine Mettler
Arthur Cox

The main content of this article was provided by Elaine Mettler. Contact telephone number is +353 1 618 0000 or email elaine.mettler@arthurcox.com

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