Being dismissed because of a medical condition or illness is one of the most difficult employment situations to face. In many cases it is also unlawful. We can help you understand your rights and take action.
Get free advice today
Medical termination occurs when an employer dismisses an employee due to a health condition, injury, or illness that affects their ability to work. While there are circumstances where dismissal on medical grounds may be lawful, your employer must first take genuine steps to accommodate your condition and explore alternatives to dismissal.
A dismissal on medical grounds can give rise to a personal grievance for unjustified dismissal, and may also constitute unlawful discrimination on the grounds of disability under the Human Rights Act 1993. Your employer must follow a fair process including obtaining medical information, consulting with you, and considering reasonable accommodations before making any decision to dismiss.
Your employer cannot simply dismiss you because you are unwell. They must follow a fair process and genuinely consider whether your condition can be accommodated in the workplace before reaching a decision.
Talk to us todayWe provide clear, practical advice and strong representation throughout your case.
We review your situation and give you an honest assessment of your legal options and the strength of your case.
We prepare and submit a formal personal grievance to your employer within the 90 day deadline.
We represent and support you throughout the mediation process to achieve the best possible outcome.
If mediation fails, we represent you before the Employment Relations Authority or Employment Court.
We pursue the remedies available to you including lost wages, compensation for distress, and reinstatement where appropriate.
We keep you informed at every stage and are available to answer your questions throughout the process.
Here is what to expect when you work with us on your case.
We start with a no obligation conversation to understand your situation and advise whether you have a viable case.
We help you identify and compile the evidence needed to support your claim.
We prepare and send a formal grievance letter to your employer clearly setting out the basis of your claim.
Your employer has the opportunity to respond. We review their position and advise on next steps.
A mediator facilitates a confidential discussion between both parties. Most cases settle at this stage.
Whether through settlement or a formal determination, we work to achieve the best possible outcome for you.
There are some situations where a claim may be more difficult to pursue. We encourage you to seek advice before ruling out your options.
You must raise your personal grievance within 90 days of the act or omission. This deadline is strict and missing it will likely end your claim.
If you were engaged as an independent contractor rather than an employee, the employment law protections may not apply in the same way.
The strength of your case may depend on the evidence available. We can advise you on what evidence is needed and how to obtain it.
If your own conduct contributed to the situation, this may reduce the remedies available to you, though it will not necessarily prevent a claim.
Settlement agreements or deeds of release you have previously signed may affect your ability to raise certain claims. We can review any such documents.
Don't rule yourself out before speaking to us. Contact us for a free assessment of your situation and options.
Being dismissed because of your health is deeply unfair. Contact us today for a free consultation and we will assess whether you have grounds for a claim.