When an employee is unable to perform their role due to illness or injury, employers are often left balancing compassion, operational demands and legal risk.

While dismissal on medical grounds may be legally justified in some circumstances, getting the process wrong can expose employers to costly personal grievances, discrimination claims, and significant legal risk.

Employers are not required to keep a role open indefinitely but they do need to understand how long the employee is likely to be away, whether they may be able to return to work, and whether reasonable adjustments or alternatives should be considered before ending employment.

In this practical webinar, our experts will explain when termination for medical incapacity may be justified, when it may create discrimination risk, and the steps employers should take before making a final decision.

In just 60 minutes:

• Medical Incapacity vs Discrimination: Understand where employers commonly get medical incapacity matters wrong, and why these situations can quickly lead to personal grievances or discrimination claims
• Assessing Capacity to Work: How to assess whether an employee can continue performing their role, including what medical information employers can reasonably request and the limits of medical certificates
• Before Dismissal Is Considered: The steps employers should take before making a final decision, including reasonable accommodation and alternative options
• Making a Defensible Decision: Practical steps for consultation, documentation and decision-making when an employee may no longer be able to perform their role

You’ll also have the opportunity to ask your questions during the live Q&A and receive practical guidance from our experts.

Please note that this is general information and not intended to replace legal advice under any circumstances.

Have a question?

Have a question about the webinar, or perhaps you need some guidance on a HR or workplace safety matter? We’re happy to answer all your questions, call 0800 675 701 or email [email protected].