Sickness and absence

Long-term absence: capability meeting invitation letter

Invites an employee on long-term sick leave to a meeting to discuss the medical advice and the options, including the possibility of dismissal on grounds of ill-health capability.

The absence is long, the occupational health advice is in, and you need to decide what happens next: adjustments, an alternative role, a further period, or ending the employment. The letter must be honest that dismissal is one of the options being considered, or a dismissal that follows will be unfair.

Before it goes

  • You have up-to-date medical advice (OH or GP report) and have sent the employee a copy.
  • You have considered adjustments and alternative roles and can talk about them with specifics.
  • You have kept in touch during the absence. A first contact after five months that mentions dismissal is a bad look.

The letter

[COMPANY NAME] [COMPANY ADDRESS] [DATE] [EMPLOYEE NAME] [EMPLOYEE ADDRESS] Dear [EMPLOYEE FIRST NAME], Meeting to discuss your absence and the medical advice: [DATE] Thank you for your time on the phone on [DATE]. I hope you are continuing to make progress. You have now been absent from work since [FIRST DATE OF ABSENCE], a period of [NUMBER] weeks. As we discussed, we have received the occupational health report dated [REPORT DATE], a copy of which I sent you on [DATE]. In summary, the report says that [ONE OR TWO SENTENCES, e.g. a return to your current role is unlikely within the next three months, and that a return to a role without heavy manual handling could be considered from around [DATE]]. I would like to meet you to discuss the report and the way forward, on [DATE] at [TIME] at [LOCATION / by video call if you prefer]. [NAME] will take notes. You are welcome to be accompanied by a work colleague or trade union representative. At the meeting I would like to talk about: 1. Your own view of your health and when you feel you might be able to return. 2. Whether any adjustments to your role, hours or workplace would enable a return, and what the report says about that. 3. Whether there are any alternative roles in the company that might be suitable, now or in the near future. [At present, the roles available are ….] 4. How long the company is able to keep your role open. I have to be open with you that one of the options the company has to consider, if a return to work in any capacity is not foreseeable within a reasonable time, is ending your employment on the grounds of ill-health capability. No decision has been made, and the purpose of the meeting is to hear from you and explore every alternative before anything is decided. If the date does not work, or if attending is difficult for health reasons, tell me and we will find another way to hold the discussion. If there is anything you would like me to have read before we meet, send it to [EMAIL]. Yours sincerely, [MANAGER NAME] [JOB TITLE] [COMPANY NAME]

Filling it in

The report summary
Their report, their words, fairly summarised. They have a copy; do not shade it.
Alternatives
Name the roles you have looked at, even the ones that will not work. "We considered X and Y" is what reasonable looks like.
The honest paragraph
It has to be there. An ill-health dismissal after a meeting the employee thought was a chat is unfair on procedure alone.

What the law says

  • Employment Rights Act 1996 s.98(2)(a): capability, including health, is a potentially fair reason; the decision must be reasonable, having consulted the employee, obtained medical evidence and considered alternatives.
  • Equality Act 2010 ss.6, 15 and 20: a long-term condition may be a disability; treating someone unfavourably because of something arising from it must be justified, and reasonable adjustments must be considered.
  • Employment Rights Act 1996 s.86: a dismissal on capability grounds is with notice, or pay in lieu, even where contractual sick pay has run out.
Guidance, not legal advice. Employment law moves; check the current position before relying on any of it, and take advice on anything that could end someone's employment.

What turns this letter into a claim

  • Do not decide on length of absence alone. The question is whether a return is foreseeable and whether the business can reasonably wait.
  • Do not skip the adjustments discussion because the role is physical. Reduced hours, different duties, a phased return, equipment: consider them and record why they do or do not work.
  • Do not dismiss without notice because contractual sick pay has ended. Notice, or pay in lieu, is still due.

Questions people ask

How long do I have to wait before dismissing someone on long-term sick?

There is no fixed period. A tribunal asks whether a reasonable employer would have waited longer, given the medical prognosis, the size of the business, the cost and disruption of covering the role, and what the employee said. Six months in a small firm with no cover might be reasonable; twelve in a large one might not be enough. Guidance, not legal advice.

What if the employee is on the company's income protection scheme?

Take advice before dismissing. Some schemes require continued employment to pay out, and dismissing to save sick pay while defeating a benefit the contract promised can be a breach of contract.

Does the employee get holiday while off sick long term?

Statutory holiday accrues throughout. They can take it while off (and be paid holiday pay rather than SSP for it), and untaken statutory holiday carries over. On termination, accrued holiday is paid.

The letter, with the names already in

Employ AI drafts letters like this one from the employee's record, so the dates, service and pay are already right, and the disciplinary module writes the invitation and outcome letters from the case itself. All 44 letter families, 49 UK policies, GPS clock-in, rotas, leave and timesheets: £2.50 a month plus £1 per employee. 14 days free, no card.

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