Employers can dismiss employees for long-term or persistent sickness absence — but only if they follow a fair process. This guide explains when dismissal for sickness is lawful, when it is not, and how to protect yourself.
Being ill is not something you can help. But sickness absence can give an employer grounds to dismiss you — if they follow the right process. Understanding your rights is essential, especially if you are on long-term sick leave or have had frequent absences.
Yes — but it must be fair. Section 98 of the Employment Rights Act 1996 recognises "capability" as a fair reason for dismissal, and capability includes physical or mental health. However, the dismissal must also be carried out through a reasonable and fair procedure.
You need 2 years' continuous service to bring an unfair dismissal claim in most cases. The exception is dismissal connected to a disability — which may give rise to an Equality Act claim with no minimum service.
Where an employee has been absent for an extended period (weeks or months), typically due to a serious illness or injury.
What must the employer do?
The key question is whether, on a reasonable medical prognosis, the employee will be able to return to work within a reasonable time — and if so, whether the employer can be expected to wait that long.
There is no fixed period after which dismissal becomes lawful. It depends on the nature of the role, the employer's operational needs, and the prognosis.
Where an employee has frequent, short absences that are disruptive — even if each individual absence is genuine — this may also justify dismissal.
What must the employer do?
If the sickness absence is connected to a disability (a long-term physical or mental impairment with a substantial adverse effect on day-to-day activities), your employer has additional obligations:
If your employer dismisses you for sickness absences that are caused by your disability, without making or considering reasonable adjustments, you may have an Equality Act claim — and there is no service period required for such claims, and compensation is uncapped.
While you are off sick, you may be entitled to Statutory Sick Pay (SSP) — paid by your employer for up to 28 weeks, at £116.75/week (2025/26 rate). Eligibility requires average weekly earnings of at least £123.
If you exhaust SSP and remain off sick, you may need to apply for Universal Credit (if you have limited capability for work) or Employment and Support Allowance depending on your circumstances.
An employer who dismisses for sickness without following a proper procedure is at risk of an unfair dismissal finding. Key steps:
If you are facing dismissal for sickness:
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