Frequent absences should be properly investigated. An explanation should be requested with medical evidence. If no medical evidence is supplied they can be asked to visit a doctor.
If the investigation finds no adequate reason for the absence then the disciplinary procedure needs to be followed highlighting what attendance improvements are required and the consequences should there be no improvement.
It is possible to fairly dismiss an employee who is absent due to long term ill-health despite all the hurdles.
The main thing is to consider the need to get the work done against the need for time off to recover. If after consultations with the employee, their doctor and possibly an independent medical advisor it is evident that the employee will not be able to effectively continue with their employment then dismissal is a possible fair option. The report that the employer submits for completion to the employees doctor is potentially the most important part of the evidence used in coming to a decision.
It would be unjust and wrong to dismiss an employee if he were a member of his employers long term sickness scheme as due to the dismissal his rights under the scheme would be terminated and would more than likely contravene the employees contract of employment.
An employer has the right to request an employees medical records where the employee has been off work for health reasons for some time. The request should be made in writing with the employees written consent. The employee may refuse consent, insist on seeing it prior to the employer etc.
The doctor may refuse access to all or part of the report to protect the rights of the individual or others. The doctor must inform the employee accordingly.
