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Staff on prolonged leave with long covid could be dismissed, says NHSE

Staff on prolonged sick leave due to long covid could be dismissed if ‘redeployment is not an option’ and they are unable to fulfil their contract, new NHS England guidance says.

The advice was set out in guidance published this month and follows the government’s temporary, non-contractual guidance that was issued in response to the coronavirus pandemic during its first waves.

The government’s advice aimed to provide a temporary enhancement of covid sick pay and meant that staff who were absent with covid would remain on full pay, therefore, did not feel pressured to return.

However, NHSE’s guidance warned that “while this provision is still available, it is possible that it may change”.

The move has been seen as an inevitable step as the guidance was brought in as an emergency measure, while some employers may have been holding off dismissing staff with long covid or covid-related absences due to guidelines in place.

NHSE’s new Guidelines for supporting our NHS people affected by long covid said: “According to [the] guidance, periods of covid-19 sick pay would not be counted towards a colleague’s normal sickness entitlements.

“However, if a colleague is approaching long-term sickness (for a period of 12 months or more), the employing organisation would be expected to complete a review at 12 months to understand the ongoing need and potential challenges with a return to work.

It adds: “Consideration of dismissal due to the colleague being unable to fulfil their contract should only be considered if redeployment is not an option.”

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Source: HSJ, 11 February 2022

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