Ask an expert - Covering a long term sick member of staff
Q: A member of my staff is undergoing treatment for cancer and frequently misses work because she feels unwell. It is 14 months since her first treatment. I run a small business. I have had to recruit someone else to cover some of her work and I cannot afford to keep her job open as well. What should I do?
A: This employee’s condition is defined as a disability
under the Disability Discrimination Act 1995
(DDA). One of the important legal considerations
is your duty under the DDA to consider reasonable
adjustments for this employee. This must be
explored fully before a decision is taken to dismiss
your employee, or you may face a claim of disability
discrimination at an employment tribunal.
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