Being dismissed after an extended leave of absence could still amount to a fair dismissal if your employer can argue that you are incapable of performing your role but this is very much dependent on the circumstances. If the correct processes in this situation are not followed, there could be a case for disability discrimination. Your employer should have several meetings with you before proceeding to a dismissal taking steps to determine the medical position. For example, we would expect your employer to take into account: the prospect of you returning to work; the likelihood of the recurrence of the illness and the effect of absences on the rest of the workforce. The employment team at Vardags can support you through a capability procedure at every stage.