Back injury dismissal

Q. An employee who sustained a back injury while at work will be off sick for the foreseeable future. He has only been with the company for six months, can he be dismissed?

A. If no one is to blame for the accident, you may be able to terminate employment on capability grounds with notice, or pay in lieu of notice.

You must discuss a doctor's report with the employee and consider reassigning them to an alternative job role. If none are available, or the individual is incapable of carrying out alternatives duties, you may be able to dismiss.

If disability is a possibility, obtain a report from an occupational health expert and see if reasonable adjustment needs to be made. If there are no alternatives, you can again consider termination. If the employee plans to return to work, the timescale of the return and length of service will dictate whether you can dismiss.

Should you decide to dismiss, there are procedures to be followed. Remember that employees have rights. In fact, at least five claims can be made against an organisation before the individual has even been interviewed, let alone employed.