Sickness Absence Management
Employees invariably take time off for sickness. This is normal and can be accommodated by a business but difficulties may arise if there are persistent short-term absences or long-term absences.
Our team of experienced employment lawyers can support you with the process that you should follow and equip you with the knowledge to confidently make legally compliant decisions which protect your business. This support can include the production of effective sickness absence procedures, advice on how to handle return to work interviews and handling an employee’s conduct during sick leave. We can also assist, where appropriate, with dismissals.
Sickness absence often raises challenging legal, HR, and operational issues, and our team is equipped to guide you through each stage of the process with clear, pragmatic advice. We can assist you and your business in a range of ways, including:
- Training HR teams and managers on effective and legally compliant absence management processes;
- Drafting or updating sickness absence policies to ensure clarity, consistency, and compliance with employment law;
- Advising on short‑term and long‑term sickness absence, including the appropriate use of warnings, review meetings, and trigger points;
- Guiding you on when sickness absence should be managed under a formal capability process and how to apply that fairly;
- Advising on reasonable adjustments, phased return‑to‑work plans, and interpreting Occupational Health reports; and
- Identifying and mitigating discrimination risks.
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Frequently Asked Questions
Find answers to your most pressing questions about our services and processes.
Can I ask an employee to attend an appointment with occupational health?
Yes, it is common for employees on long-term sickness to be asked to attend an appointment with occupational health. The purpose of the occupational health appointment is to assess the employee’s fitness for work, consider any workplace adjustments that may be needed and to provide general recommendations for the employee’s well-being. An employee can refuse to attend the occupational health meeting but if they do so it will be important to explain why it is needed and explain the potential consequences of them failing to attend.
I have been provided with evidence that the employee is undertaking other activities whilst signed off sick. Can I take any action against them?
Maybe, it depends on the specific situation. If the employee is off sick with mental health issues, the doctor/consultant may have informed them that they need to undertake leisure activities whilst off sick to assist with their mental wellbeing and to help them recover. However, if this is not the case and they have, for example, told you that they are off sick with a stomach bug and you are provided evidence of them attending a concert, then you may consider starting disciplinary proceedings against them
Can I dismiss an employee who is on long-term sickness absence?
Potentially, again it depends on the specific situation. You can dismiss an employee on long-term sickness absence providing that you follow a thorough procedure and obtain confirmation from occupational health that it is unlikely that the employee will be able to return to the workplace. However, this is a complex area and we recommend that you obtain legal advice before any such dismissal as you may be at risk of a claim for disability discrimination.