Being called to a sickness absence meeting is unsettling, especially if you are still unwell. No decision has been made yet. Here is what your employer has to do before deciding anything, and what to ask for at the meeting itself.
Unfair dismissal isn't about who was right. It's about whether your employer's decision and process met a specific legal test for reasonableness.
Mixed
2013
When your employer is deciding whether to dismiss you for long-term sickness, what you say about your own condition carries as much weight as the medical report, and your employer has to weigh both against your length of service and the practical impact of your absence.
Employee-favourable
2021
An employer can only justify a health-related dismissal, or a refusal to make reasonable adjustments, using the medical evidence that existed at the time it made the decision.
