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Persistent Sickness

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Baboonboy | 12:13 Sun 21st Oct 2007 | Law
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Is there a procedure to dismiss a person from a public sector job if they are off sick, persistently, for a number of years, particularly if the reasons for sickness vary considerably, i.e. not an ongoing medical condition?
Thanks. BB
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Absolutely there is - and its only recently that some public sectors have started using it. This has existed in UK employment law for many years and private sector employers have been using it in varying degrees for at least the last 25.
The general principle is that the employer seeks to improve the employee's capability (to do the job) through counselling and discussion. But capability is one of the five reasons for a fair dismissal. Over a period of time, if the employee's performance is persistently impacted by absence (whatever the reason) dismissal is possible on grounds of capability.
it's also seen as 'frustrating your contract' and is used in the private sector regularly. However, trying to sack a civil servant? More likely to turn the tide. (Yes Minister taught me a lot!)
why is it more difficult in the public sector?
ive been temping in council offices recently and they seem to waste sooooo much money
Hi weeal - long time off here this time round.

To answer your query - because the entire system of the employment of civil servants has been designed by... civil servants. Here in Ireland you can't even sack a teacher. The money you talk about is irrelevant to someone with a guaranteed job for life.
so thats why they just move the trouble makers around from office to office then

I worked my butt off in the council and had to carry others' tasks too as they were lazy g!ts and i was on thousands less than them on a temp hourly rate

so frustrating
Exactly, Weeal, it is the easy option to move the problem than manage it. Managing the problem to achieve 'acceptable performance' or an exit takes time and effort of behalf of both HR and the line manager.
In general the level of management skills have historically been lower in the public sector (a very broad generalisation I accept because there are good managers in the public sector and poor in the private sector) and such issues get fudged.
Baboonboy didn't say it was Civil Service, it may be Local Authority. In LA I've known staff be dismissed on capability grounds due to ill health. Easily achieved following the policies even if the 'illnesses' are different each time.

Each organisation will have their own policy for the management of absence.
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Many thanks to you all! And I take your point about levels of management skills, buildersmate. Thats definitely an issue here. The question's been posed and the management say there is no course of action to take. It definitely has an impact on staff, particularly when the person in question doesn't have a broad skill mix when present at work, due to alleged ill health (which incidentally hasn't been investigated fully other than a GP sick note)which prevents that person from doing the job they're employed to do. Its very frustrating for all concerned. BB
I was in the Prison Service for 25 years, suffering an injury at work that caused me to be off work for 20 months. I was invited to apply for early payment of pension on medical grounds, but then I was told that I didn't fit the criteria, and they sacked me. I was never even given the chance for a phased return to work, as my injury would not allow it.
So it does happen.

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