If you’ve taken lots of time off due to ill health, you might be wondering: can an occupational health assessment lead to dismissal, and what actually happens if you’re found unfit for work? We’ve put together this easy-read blog to help you find all the answers you’re looking for.
Occupational health (OH) advisors support staff to do their jobs safely and productively, especially those facing illness or injury. Working in-house or independently, they conduct occupational health assessments that help employers decide whether or not staff are fit to work and whether they might need reasonable adjustments. An occupational health advisor might step in if:
You can find out more about what happens during an occupational health assessment by reading our OH Assessment Guide or exploring our blog: What to Say (and Not to Say) to Occupational Health UK.
No. Occupational health aren’t there to make decisions on dismissal. They’re there to advise on the best ways your employer can support you, whether that means you need to physically be in work or rest at home. If you’re currently in a position where you’ve been off work for a long time, and your employer has exhausted all the different ways to safeguard your role, it’s ultimately up to them whether they terminate your employment. However, this is usually a last resort and only happens when all reasonable options have been explored and there’s no alternative role you can do.
If your OH advisor assesses you as not fit for work, they’ll produce a report for your employer outlining your likely recovery timescale and any actions that could support your return, such as a phased return or modified duties.
If OH believes you may not be able to return to your current role, your employer should explore reasonable adjustments and consider alternative roles before making any decisions about your employment.
As an employee, you have strong legal protections in the UK when you’re unfit to work. Your rights include:
Right to Statutory Sick Pay (SSP): You’re entitled to SSP if you meet the earnings and absence criteria. Some employers offer enhanced sick pay through your contract or policy.
Right to fair treatment: You can’t be disciplined simply for being ill. Your employer must handle your absence under a fair capability or attendance process.
Right to medical confidentiality: Your employer can’t view your medical records without your explicit consent. Your OH advisor will only share work‑relevant information.
Right to reasonable adjustments: If your condition counts as a disability under the Equality Act 2010, your employer must consider adjustments such as reduced hours, altered duties, specialist equipment, or a phased return.
Right to an OH referral: You can be referred to OH for support, and you can also request a referral yourself. You have the right to see your report before it goes to your employer.
Right to be consulted: Your employer must talk to you about your health, your needs, and any proposed changes to your role.
Right to challenge decisions: You can dispute things like incorrect medical assumptions or unreasonable return‑to‑work expectations.
Right to redeployment consideration: If you can’t return to your original job, your employer must explore alternative roles before considering dismissal.
Right to a fair capability process: If dismissal is being considered, your employer must follow a structured, evidence‑based process and give you the chance to respond.
Right to protection from discrimination: If your illness is long‑term or substantially affects daily life, you may be protected under the Equality Act. Employers must avoid discriminatory treatment.
Worried about taking time off work or not being able to meet your responsibilities? It’s important to remember that your employer isn’t there to punish you for being sick. They would much rather have a recovered, experienced you back at work than an empty desk or a massive recruitment bill.
If you’re still concerned about your job, try to be as honest with your employer about how you feel. Schedule a chat with your manager to talk about the things that are playing on your mind. Any responsible employer will understand your concerns and try to reassure you that your job is safe and that their priority is your recovery.
No – while an occupational health report may influence your employer’s decisions, OH can’t sack you. Your OH advisor is there to make recommendations that best suit your health needs and help your employer understand what support or adjustments you might require. Only your employer can make decisions about your employment, and they must follow a fair process before doing so.
If you’re found unfit for work, your employer will use your OH report to come up with an action plan. This might include staying off work for a defined period, making reasonable adjustments to help you return, or planning a phased return when you’re well enough.
It’s very unlikely. In cases where ill‑health dismissal occurs, it’s often after a lengthy capability process where every reasonable option has been explored. Being assessed by occupational health doesn’t mean you’re any more likely to lose your job. In fact, having a report protects you because it forces your employer to act on official medical facts rather than assumptions.
No, you don’t have to agree with your report, and you have the right to review it before it’s shown to your employer. If you disagree with any points made, you can request changes, add your own comments, or even withhold your consent to share it.
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