Capability and Long-Term Sickness Absence Procedure

A fair procedure for managing ill-health capability and long-term absence – welfare meetings, occupational health, reasonable adjustments, phased return and, as a last resort, ill-health dismissal – with template letters.

Editable Word document
7
10pages
Guidance notes included
aml consultancy solutions

People & HR

Capability and Long-Term Sickness Absence Procedure

About this document

What it’s for

Long-term sickness and ill-health capability are among the hardest situations an employer faces, and dismissals often lead to unfair dismissal and disability discrimination claims. This procedure sets out a supportive, staged process with medical evidence and reasonable adjustments, and includes the key letters.

When to use it

  • When an employee has been absent for [4] weeks or more, or is expected to be
  • When a health condition affects someone’s ability to do their job
  • Alongside the Sickness Absence Policy, which covers short-term absence

What’s inside

The document is laid out in the sections below. Each one comes with a plain-English guidance note explaining what it does and what to change.

  1. Purpose and principles
  2. Scope
  3. Keeping in touch
  4. Welfare meetings
  5. Medical evidence
  6. Reasonable adjustments and alternatives
  7. Phased return
  8. Formal capability meetings
  9. Appeals
  10. Records and confidentiality

Also included

  • Letter 1 – Occupational health referral and consent
  • Letter 2 – Invitation to formal capability meeting
  • Letter 3 – Outcome: dismissal on grounds of ill health

How to complete it

  • Fill in the trigger points and who can make decisions
  • Keep a record of every meeting and the medical evidence
  • Take advice before any ill-health dismissal

Key points to check

  • Most long-term conditions will be a disability under the Equality Act 2010 – consider reasonable adjustments at every stage
  • Get the employee’s written consent before asking their GP or specialist for a report (Access to Medical Reports Act 1988)

Our templates are professionally structured starting points for UK businesses, not legal advice. For anything complex, unusual or high-value, have your final version checked by a solicitor.

Included in the pack

People & HR

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Editable Microsoft Word files

Guidance notes in every document

Written for UK businesses

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