Medical Incapability and Welfare

Medical incapability simply means that, because of your health, you’re unable to carry out your role fully or to the standard required. In short, your illness or injury stops you from doing your job properly. Your employer must act in good faith, talking openly and supportively with you about how long you might be off and whether you can return to work.

No, absolutely not. The process for addressing medical incapacity is specifically not disciplinary, because it doesn't involve any misconduct on your part. Your employer should make sure that any investigation into your medical situation is not viewed as a disciplinary investigation, recognizing that you haven't done anything wrong

There’s no set minimum time, but everything has to be reasonable. It’s quite common for a dismissal process linked to medical incapability to last several weeks, sometimes months, depending on your circumstances. Your employer must avoid unnecessary delays and act in good faith to keep stress to a minimum.

You’re generally entitled to say no, unless your employment agreement specifically says otherwise (and even then you can still refuse). But if you don’t provide the information they need, your employer can only make a decision based on what they already know. Any decision must rest on objective, up-to-date medical evidence.

Your employer should seek proper medical advice that explains the problem, your chances of recovery, and a realistic timescale for returning to work. This should be impartial evidence, such as a doctor’s report, covering your diagnosis, prognosis, and whether returning to your job is feasible. You’re allowed to comment on it or supply alternative reports, like a second medical opinion.

You don’t have to face them alone. You have the right to bring a support person, union representative, or lawyer. Your employer must allow this, as long as it’s reasonable. If they offer an Employee Assistance Programme (EAP) or counselling, it’s worth considering that help too.

Before thinking about dismissal, your employer must explore any reasonable alternatives. This could include modified duties, shorter hours, flexible working, or part-time arrangements to help you get back on your feet. These ideas should come up in formal meetings.

Yes, definitely. If you’re receiving Accident Compensation Corporation (ACC) support, your employer must follow the Accident Compensation Act 2001. They have a duty to help with rehabilitation, whether the injury happened at work or not. If ACC says it’s reasonably practicable for you to return to your original job, your employer must take all practical steps to make that happen. When thinking about dismissal, they should also consider offering suitable light duties if you can’t yet manage your normal role.

If you believe the dismissal was unjustified or the procedure was unfair, you can raise a personal grievance. You normally need to do this within 90 days. Under the Employment Relations Act 2000, possible remedies include compensation for lost wages, compensation for distress, or getting your job back.

Yes, you are. The Human Rights Act 1993 protects you from discrimination if your incapability is linked to a disability. The incapability process itself must not be affected by any prohibited grounds, such as disability. There are limited exceptions—if special terms or conditions are needed because of the disability, and reasonable steps can’t remove the risk without causing unreasonable disruption—but these are narrowly defined.