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in the City of London


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Wainwright Timms LLP is a boutique law firm specialising in employment law and licensing law, based in the City of London.

An employee who is absent due to sickness continues to be considered an employee until they resign or are dismissed by the employer. Whilst they are sick, they are not required to work, but they should remain contactable by their employer and inform the employer of any developments in their health. If an employee’s sickness lasts for more than a week, an employer is able to ask the employee for a doctor’s note.

An employee who is absent due to sickness can still be dismissed fairly if the employer has a fair reason to do so and follows the correct procedure- unfair dismissal. An employee who has been absent by way of sickness for a significant amount of time can be dismissed fairly if it is unlikely that they will recover enough to be able to return to work within a reasonable time.

How we can help

We have over twenty years experience in advising both employers and employees about sickness absence and unfair dismissal (link). If you require any advice about sickness absence, or believe that you have been dismissed unfairly due to sickness, please contact us for expert legal advice.