Renfrewshire Council

Terminating your employment due to sickness absence

The process of dismissal on the grounds of lack of capability due to ill health or ill health retirement.

If all other options have been fully explored and the senior manager decides that you are no longer able to meet your employment contract obligations to attend work on a regular basis, despite all the appropriate action, support and adjustments to assist you, they will consider your dismissal on the grounds of lack of capability due to ill health or ill health retirement (if appropriate) at the absence review meeting. 

If the senior manager decides not to dismiss you at this meeting, for example due to new information being provided at the meeting or to explore another option, your sickness absence and wellbeing action plan will continue to be closely reviewed.  

The senior manager will invite you to regular follow up meetings with an agreed improvement period or return to work target date. The senior manager will consider ending your employment if there is not enough progress made during the review period and no other options are available. 

The decision taken will be confirmed to you in an outcome letter. You'll be reminded in the outcome letter of your right of appeal linked to any action taken, such as a dismissal on the grounds of lack of capability due to ill health, or any decision around your suitability for ill health retirement.

If your employment with us comes to an end during a sickness absence period, you'll be paid for any outstanding annual leave entitlement due. This will include the balance of statutory leave due if you were unable to request or take this for a previous leave year. This is subject to a maximum of 18 months accrued statutory leave.

For the current leave year, you'll receive your normal annual leave entitlement adjusted for all completed months worked during the year. You'll receive your statutory leave entitlement (pro-rata to 28 days) adjusted for completed months if your normal annual leave entitlement is less than this.

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