On long-term sick and being told it's 'no longer sustainable'?
You are signed off sick and you can feel the shift. The emails have gone cooler. Meetings suddenly need you. There is a sense they are quietly moving on without you while you are just trying to get well.
Here is what they are counting on. That you will not realise long-term sickness can cross into disability, and the moment it does, what they are allowed to do to you changes completely.
Written by a qualified solicitor with 23 years of employment law experience. England and Wales. General educational information, not individual legal advice.
What you get inside.
The complete picture for anyone facing a capability process during long-term sickness. Procedure, discrimination law, occupational health, and the red flags that mean it's time to escalate.
Capability dismissal explained.
When your employer can lawfully dismiss for sickness, when they cannot, and what 'capability' actually means in law.
The fair procedure step by step.
The steps they must follow before any dismissal decision. Skipping any of them changes the legal position.
Disability discrimination law.
Does your condition qualify under the Equality Act, and what protection does that give you in a capability process.
Reasonable adjustments.
What your employer must consider before dismissing you, and how to ask for them in writing.
Medical evidence and OH referrals.
What they can ask for, what you can refuse, and how to read an occupational health report properly.
Red flags that indicate unlawful dismissal.
The signs that the process has tipped from genuine capability into something you can challenge as unfair or discriminatory.
The full table of contents.
What's covered.
- Capability vs misconduct. Knowing which process you're actually in.
- The fair capability procedure step by step.
- Disability discrimination under the Equality Act 2010.
- Reasonable adjustments. What counts and what doesn't.
- Occupational health referrals. What you can refuse.
- Medical evidence. Your GP, employer experts, your rights.
- OH reports. Reading them, challenging them.
- Long-term absence reviews and capability hearings.
- When dismissal becomes unlawful. The red flags.
- Constructive dismissal as an alternative route out.
- What compensation looks like for an unfair capability dismissal.
- When and how to escalate to a tribunal claim.
The honest comparison.
If you're going to spend money getting this right, here's the picture. A solicitor will charge £500 + VAT for an initial consultation. This guide is the protection checklist, written specifically for capability dismissals and disability discrimination.
Who this is for.
If any of this is where you are right now, this is the guide for you.
- Your employer has started talking about 'capability concerns' or 'your future with the company'.
- You've been called in for a capability meeting and you don't know what to expect.
- You've been referred to occupational health and you're worried what the report will say.
- You think your condition might count as a disability but you don't know what protection that gives you.
- You're being pressured to return before you're medically ready.
- You think they're trying to push you out while you're too unwell to fight back.
Get the guide.
One-off purchase, £39. Instant PDF download. The complete capability and discrimination playbook.
Get the guide. £39Common questions.
Is this legal advice for my specific case?
No. This is general educational information for England and Wales. Every situation is different. For complex cases, consider booking a one-off consultation with a qualified employment solicitor.
What if my condition isn't formally diagnosed as a disability?
The Equality Act test for disability is broader than people expect. Many long-term physical and mental health conditions qualify even without a formal label. The guide walks through the test in plain English so you can see where you stand.
How is this delivered?
Instant download as a PDF after purchase. Files won't open? I'll fix it or refund you.
Does this cover Scotland or Northern Ireland?
No. England and Wales only. The legal framework, time limits, and statutory references are for England and Wales.
Can I get a refund if I don't find it useful?
Digital guides are non-refundable once downloaded. The full table of contents above shows exactly what's inside. If you have a question before buying, contact info@thesecretlawyer.co.uk.