Dismissals linked to long-term sickness often fail not because the absence was unjustified, but because the process was flawed.

Tribunals expect employers to demonstrate:

• Up-to-date medical evidence 
• Consideration of adjustments 
• A fair and reasonable process 

In O’Brien v Bolton St Catherine’s Academy, failure to reassess medical evidence contributed to a finding of unfair dismissal. The lesson is clear. Employers must investigate thoroughly before making any decisions or risk losing at a tribunal.