Equality Act 2010: Primary legislation protecting against disability discrimination, requiring reasonable adjustments for disabled employees, and defining disability as a protected characteristic. Critical for ensuring termination process does not discriminate.
Employment Rights Act 1996: Key legislation governing unfair dismissal, fair dismissal procedures, notice periods, and statutory sick pay provisions. Essential for ensuring procedural fairness in health-related terminations.
Access to Medical Reports Act 1988: Regulates the process of obtaining and using medical information in employment contexts, requiring explicit employee consent for medical reports.
GDPR and Data Protection Act 2018: Governs the handling of personal and sensitive health data, requiring proper consent and data protection measures when processing medical information.
Health and Safety at Work Act 1974: Ensures workplace safety obligations are met and may be particularly relevant if the health issues leading to termination are work-related.
Industrial Relations Act 1971: Covers consultation requirements and union member rights, relevant when the employee being terminated is a union member.
Company Policies: Internal policies on sick leave, capability procedures, and termination processes that must be followed alongside statutory requirements.
Employment Contract Terms: Specific contractual provisions relating to illness, incapacity, and termination that must be considered in the termination process.
Occupational Health Assessment Requirements: Requirements for professional medical evaluation and opinion before proceeding with health-related termination.
Duty of Care Obligations: Employer's legal obligation to take reasonable care for the health, safety and wellbeing of employees, including during termination processes.
