Managing Employee Absence Policies

Managing employee absence policies is a crucial part of keeping your business running smoothly. Whether you’re dealing with short-term sickness, long-term health issues, or unauthorised absence, having a clear and legally compliant policy protects both you and your staff. In this guide, I’ll walk you through the essentials, highlight common pitfalls, and explain how EBS Law can help you implement effective absence management strategies tailored to your business.

Why Managing Employee Absence Policies Matters

As an employer, managing staff absences isn’t just about covering shifts or maintaining productivity. It’s about creating a fair, transparent system that protects you from legal risk while supporting employee wellbeing. Inconsistent handling of absences can lead to grievances, tribunal claims, or poor morale — all of which are avoidable with the right procedures in place.

At EBS Law, we often support employers who are unsure how to handle persistent short-term absences or long-term sickness in a way that’s fair, legally sound, and practical. A well-drafted absence policy forms the backbone of your approach.

What Should an Employee Absence Policy Include?

When managing employee absence policies, a clear and thorough written document is your first line of defence. It should be shared with employees as part of their onboarding process and reviewed regularly. Your policy should clearly outline:

The procedure for reporting absence, including notification deadlines
What evidence is required (e.g. self-certification or fit notes)
The difference between authorised and unauthorised absences
How repeated or long-term absences are handled
Whether and when return-to-work interviews will take place

You should also consider referencing how absences will be recorded, trigger points for formal action, and whether Occupational Health assessments might be used. Making this information transparent helps manage expectations and avoids allegations of unfair treatment later.

Key Legal Considerations for Employers

Managing employee absence under employment law

Managing employee absence policies isn’t just good practice — it’s a legal necessity. Employees are protected under various laws including the Employment Rights Act 1996, the Equality Act 2010, and health and safety legislation. For example, if an absence relates to a disability, you must consider reasonable adjustments. Disciplining someone for genuine illness without due process could risk a discrimination or unfair dismissal claim.

It’s also vital to distinguish between capability and conduct. Absenteeism due to genuine illness usually falls under capability procedures, while repeated unauthorised absences may be a conduct issue. If you’re unsure which path to take, that’s exactly where legal advice is invaluable.

How to Handle Short-Term and Long-Term Absences

Short-term absences can cause just as many headaches as long-term ones, particularly when patterns start to emerge. Tracking absence frequency and conducting return-to-work interviews helps identify problems early and gives you a chance to support the employee appropriately.

With long-term sickness absence, it’s important to maintain regular contact with the employee. Not only does this demonstrate your duty of care, but it also gives you the information you need to plan ahead. At a certain point, it may be appropriate to request medical evidence or refer the case to Occupational Health. These situations can be sensitive and complex — our team can guide you through each step.

Using the Bradford Factor and Absence Triggers

One method often used in managing employee absence policies is the Bradford Factor — a formula that scores the disruptive impact of frequent short-term absences. While it can be a helpful tool, it must be used carefully and consistently, ideally alongside other evidence and judgement. Any formal action taken should always be proportionate and documented.

Common Mistakes Employers Make When Managing Employee Absence Policies

We’ve worked with many businesses that have found themselves in difficulty due to inconsistent or undocumented absence procedures. Common mistakes include:

Failing to document conversations and warnings
Applying rules inconsistently between staff
Not considering disability or pregnancy-related absences separately

If any of these sound familiar, don’t worry — you’re not alone, and we’re here to help you put things right.

Supporting Employees While Protecting Your Business

It’s a balancing act. You want to support your team while ensuring absence doesn’t harm your business. Compassionate absence management policies show employees they are valued, while also maintaining the discipline and structure your business needs.

If you would like advice on reviewing or rewriting your absence policies, John Bloor and the team are here to help. We can work with you to ensure your policies are practical, lawful, and enforceable.

If you need Employment Law Help – Call John today on 01625 874400 or email enquiries@ebslaw.co.uk.

How EBS Law Can Support You with Managing Employee Absence Policies

At EBS Law, we offer unlimited employment law and HR advice, tailored specifically for UK employers. Whether you need us to draft a bespoke absence policy, guide you through a complex long-term sickness case, or represent you in a tribunal, our service is cost-effective and proactive.

We offer fixed-fee employment law services that remove uncertainty and give you complete peace of mind. You can learn more about how we support employers here:

Stay Compliant with ACAS and Legal Best Practice

It’s always a good idea to familiarise yourself with the ACAS Code of Practice and relevant guidance on absence management. These set out the expectations for fair treatment and can be used as benchmarks in tribunal cases. You can find the latest guidance on the ACAS website here.

Final Thoughts: Don’t Leave Absence Management to Chance

Managing employee absence policies is not just about reducing sick days — it’s about building a culture of clarity, support, and accountability. The right policy helps you take action with confidence and ensures your employees know what’s expected of them.

Contact John Bloor today for expert support at EBS Law — we’ll help you create or review your absence policies, deal with current issues, and ensure your business stays legally compliant and productive.

For Help with Employment Law Issues – Call 01625 874400 or email enquiries@ebslaw.co.uk.