UK Disability Rights · 2026
What are my rights during long-term sickness if I have a disability?
Legal basis
Equality Act 2010 ss.13, 15, 20; Statutory Sick Pay regulations; ACAS guidance on managing long-term sickness; case law including BS v Dundee City Council (capability dismissal procedure), East Lindsey DC v Daubney.
Your rights
SSP for up to 28 weeks if eligible. Right to OH assessment and consultation. Right to phased return as reasonable adjustment. Right to redeployment consideration if cannot return to original role. Right to NOT be dismissed without exhausting reasonable alternatives. Protection from discrimination throughout the process — including selection for redundancy that disproportionately affects disabled long-term-sick employees.
Employer obligations
Maintain regular contact (sensitively); refer to Occupational Health (typically by 4-8 weeks); explore reasonable adjustments before dismissal; consider redeployment; provide capability hearing with right to be accompanied; provide written reasons; offer appeal. Cannot dismiss based purely on absence length without considering disability + alternatives.
Practical actions
1) Communicate regularly with employer (frequency depends on condition). 2) Provide fit notes from GP or specialist. 3) Engage with Occupational Health when referred — your input matters in their report. 4) Discuss potential reasonable adjustments WHILE off sick (advance planning); options include: phased return (reduced hours building over weeks), changed duties, new equipment, working from home, redeployment. 5) Apply for Access to Work for any adjustments needed for return. 6) If employer raises capability dismissal: request capability hearing, bring representation, frame it around s.15 + s.20 EqA. 7) Document all communications. 8) If dismissed: appeal internally; ACAS within 3 months.
If your employer refuses
Capability dismissal for disability-related long-term sickness without proper procedure: claims under EqA s.15 (the dismissal arises from your disability) + s.20 (failure to make reasonable adjustments) + unfair dismissal (procedural failures). Multiple legal angles + sympathetic facts often produce settlements £30k-£80k+ at ACAS. Specialist legal advice strongly recommended for these cases.
Worked example
Mark was off work 6 months following surgery. His employer maintained regular contact, referred to OH at week 4, and OH recommended phased return + ergonomic adjustments. Employer initially proposed 'capability dismissal hearing' at month 5. Mark wrote raising: (a) OH had recommended return with adjustments; (b) phased return is a recognised reasonable adjustment; (c) dismissal would be premature and discriminatory under s.15. Employer pulled the hearing, accepted the OH recommendation, and Mark returned at month 7 on phased basis (reduced hours building to full over 12 weeks). Without his pushback citing OH + EqA, the dismissal would likely have proceeded.
Recruiter pro tip
Occupational Health reports are central to disability long-term sickness cases. You have rights regarding OH: (a) you can require employer to use independent OH provider, not GP letters; (b) you have right to see OH report before it's finalised + correct factual errors; (c) you can refuse to consent to OH report being shared with employer (though this typically harms your position); (d) OH can recommend specific reasonable adjustments which employer must seriously consider. Engage proactively with OH — bring documentation about your condition and capability for tasks. The OH recommendation is often decisive in defending against capability dismissal.
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