Niall O’Higgins is an HR Consultant in the Retained HR team. Based in the Belfast office he supports his portfolio of clients with HR and Employment Law Support.
Niall ensures that the advice he provides his clients helps to solve any issues they are facing with their people and advises on the importance of people in taking their organisation to the next level. How does he do this? He listens first, gaining an understanding of their needs so he can deliver advice that relates to what they need and deliver that advice promptly.
Sickness absence is an unavoidable part of working life, but managing it can involve difficult judgements. Employers must balance concern for an employee's health with the need to maintain attendance, cover work and deliver services, particularly where absence is prolonged or recurring.
There is no prescribed period after which dismissal automatically becomes fair, nor must an employer keep a role open indefinitely. Fairness turns on reliable information, proper consultation and a reasonable process.
Capability, Not Conduct
In Northern Ireland, Article 130(2)(a) of the Employment Rights (Northern Ireland) Order 1996 recognises capability as a potentially fair reason for dismissal. Under Article 130(3)(a), capability is assessed by reference to an employee’s “skill, aptitude, health or any other physical or mental quality”. Ill
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