How easy is it for my employer to dismiss me on the grounds of ill-health?

Not easy but certainly possible. Capability is one of the potentially fair reasons for dismissal and this includes capability assessed by reference to health. There may also be an overlap with two other fair reasons including conduct and “some other substantial reason”.

Some of the factors that your employer will need to consider and support with evidence are as follows: (a) nature of the illness; (b) prospects of returning to work and likelihood of illness reoccurring; (c) need to have someone doing the work; (d) effect on the rest of the workforce; (e) extent to which you were aware of the position; and (f) your length of service.

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