My employer has warned me about my level of sickness absence although I have medical certificates. What are the implications?

Whilst many employers will generally accept a medical certificate as confirmation of a genuine illness, the medical certificate itself has no legal standing. So, for example, if your employer suspects you of malingering, or being fraudulently absent, your employer is not obliged to accept a doctor's certificate at face value.

Your employer may chose to 'look behind' it. If your absences are of long duration or, alternatively, of short but regular durations, this might impact on your ability to do your job or your organisation's ability to meet its obligations. This might encourage your employer to want to take further action.

The possible implications are that your employer may seek your permission to approach your doctor for a report on your illness. Your employer may request you to see a doctor appointed by your organisation for a report to be prepared on your condition. If your medical condition proves to be genuine then it might be that your organisation can accommodate your absence. If, however, your illness persists and your absences continue to effect organisational performance, eventually your employer might conclude 'enough is enough', and dismissal could be the ultimate implication.

You and your employer should discuss ways of minimising the impact on the organisation and whether there are any ways to help you manage your health better, before dismissal becomes an issue. If your illness amounts to a disability under the Disability Discrimination Act, then your employer has a duty to make reasonable adjustments to help you do your job. These could include more flexible working arrangements or moving you to a less strenuous post.

Before dismissing you, your employer must follow a proper disciplinary procedure which allows you the right to be accompanied and to appeal against any decision.