Taking the pulse

The employer has a right to get the job done, so someone who is absent is clearly not carrying out their contractual duties. Follow the correct procedures to determine whether it is justified dismissal. Consider what is in your contract of employment regarding sick pay, for example, if you have generous sick-pay terms that give six months on full pay, six months on half pay and insurance following that, you probably would not be able to dismiss him.

If he receives statutory sick pay only, then the rules are slightly different. You have paid the employee for three months while absent; however, if he is contractually entitled, then you must comply with those terms. If sick pay has been paid on your discretion, then it is up to you if you continue to pay or not.

It is a remote possibility that the injury could prove to be a disability. If this is the case you need to be careful and obtain a full medical report and occupational health report. It would then be your duty to make adjustments to help him return. It is important to treat such an issue in a legally sound and sensitive manner. Take care that demands for full medical records are not construed as scepticism, merely as standard practice.

If his injuries impair his ability to do his job, then you would have to consider an alternative position for him. If not, subject to correct procedure involving at least a letter, a meeting and an appeal process, you would be in a position to terminate his employment with notice.