Yes, you can dismiss someone with a disability, but only if there is a fair reason, such as misconduct or capability issues, and after considering reasonable adjustments. Dismissal must not be related to the disability itself, to avoid discrimination claims.
For free managers guides and templates – Supporting Disabilities support (Support section) 👉 – https://breathingspacehr.co.uk/how-to-hr/
You continue the suspension process, as a fit note for work-related stress does not override the suspension. However, you should acknowledge the fit note, offer support, and manage the investigation sensitively.
Read moreReview the Policy: Check your company’s grievance procedure, usually in the employee handbook. Informal Discussion: Try to resolve the issue informally by speaking to your manager or HR. Formal Complaint: If unresolved, submit a formal grievance in writing, detailing the issue and any attempts to resolve it. Investigation: HR or a designated person will investigate […]
Read moreKeep in touch sensitively, hold review meetings, seek medical/Occupational Health advice. Consider reasonable adjustments, and follow your absence/capability policy. Treat long-term sickness fairly and consistently.
Read moreYou pay normal pay if the employee is off sick and unable to work during their notice period.
Read moreTo minimise legal risks: Consult Experts – Seek HR advice when handling complex HR matters! Follow Employment Laws – Stay updated on labour laws and regulations. Document Everything – Keep detailed records of performance, complaints, and terminations. Train Managers & HR – Provide training on fair hiring, workplace conduct and payroll compliance. Use Clear Policies – Ensure policies on termination, discrimination, and wages are well documented and consistently applied. Conduct Regular Audits – Review payroll, contracts, and workplace practices to identify risks.
Read moreAcknowledge promptly Investigate impartially Hold a grievance meeting (allow a companion), decide and confirm in writing, and offer an appeal. Keep clear records and timeframes.
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