Managing Sickness Absence UK Employers: A Practical Legal Guide

Faced with Managing sickness absence UK employers can have difficulties, especially when balancing staff wellbeing with business needs. Whether you’re dealing with frequent absences or complex long-term cases, handling sickness fairly and legally is essential. At EBS Law, we specialise in helping employers navigate this challenging area with confidence.

Managing Sickness Absence UK Employers: What Are Your Legal Duties?

To manage sickness absence properly, UK employers must understand their legal responsibilities. These include complying with the Equality Act 2010, following health and safety rules, and paying Statutory Sick Pay (SSP) where applicable. Importantly, all employees must be treated consistently and fairly.

You must also:

Keep accurate absence records
Conduct timely return-to-work interviews
Provide reasonable adjustments for disabled staff
Follow a clear and written absence management policy

By staying compliant, you reduce the risk of costly tribunal claims and demonstrate your commitment to staff welfare.

Creating a Sickness Absence Policy UK Employers Can Rely On

If you don’t already have a robust sickness absence policy, now is the time to create one. Your policy should explain how staff must report absence, when medical evidence is needed, and what support is available. Clear policies help prevent confusion and ensure all absences are dealt with fairly.

When managing sickness absence UK employers find it much easier when everyone knows the rules. For example, your policy should cover:

Self-certification and fit note procedures
Return-to-work meeting expectations
When occupational health advice will be used

Additionally, you may wish to include how unauthorised or excessive absence will be managed under disciplinary procedures.

Managing Short-Term Absence: A Proactive Approach

Short-term sickness absence can have a significant impact—especially in small teams. However, regular return-to-work meetings and clear communication can reduce repeat absences and uncover any underlying issues early.

Rather than waiting for a problem to grow, take action sooner. Managing sickness absence UK employers at this level often requires:

Monitoring patterns of absence (e.g. frequent Mondays)
Offering early support, such as counselling or flexible hours
Documenting conversations and keeping records

Because frequent short absences may point to stress, anxiety, or hidden health conditions, tackling them early helps protect both the employee and your business.

Managing Long-Term Sickness Absence Fairly and Legally

When an employee is off sick for four weeks or more, it is classed as long-term absence. This requires a sensitive but structured approach. UK employers must stay in contact without pressuring the individual and should gather appropriate medical evidence throughout the absence.

Managing sickness absence UK employers dealing with long term sickness should be completing:

Regular welfare calls or emails
Occupational health assessments (with consent)
Considering a phased return or alternative duties

If a return to work is not feasible after reasonable support, you may eventually need to consider dismissal. However, a fair capability procedure must be followed—and the risk of disability discrimination must be carefully managed.

If you’re unsure how to handle a long-term sickness case, John Bloor and the team are here to help. Call us today on 01625 874400 or email enquiries@ebslaw.co.uk for immediate advice.

Disability and Sickness Absence: Managing Legal Risks

Many employers don’t realise that a recurring or long-term health condition may legally count as a disability. Under the Equality Act 2010, this means you must consider making reasonable adjustments to help the employee return to work or remain in their role.

Common adjustments include:

Changes to working hours or duties
Providing assistive equipment
Allowing time off for medical treatment

Failing to explore adjustments can lead to claims of disability discrimination—even if the absence itself was managed reasonably. To learn more, visit ACAS: Managing Staff Sickness Absence.

Using Occupational Health When Managing Sickness Absence

Medical evidence is vital when assessing fitness for work or the need for adjustments. With the employee’s consent, you can request a report from their GP or arrange an occupational health referral. This gives you clear, impartial advice to support decision-making.

Occupational health reports can help you understand:

Whether the condition is likely to improve
If the employee is disabled under the law
What support or adjustments may help

Managing sickness absence UK employers find it much easier when supported by medical expertise. At EBS Law, we assist clients with requesting and interpreting medical evidence correctly.

Why EBS Law Is the Right Partner for Employers

Managing sickness absence isn’t just about ticking boxes. It’s about supporting your team, staying legally compliant, and protecting your business from risk. At EBS Law, we provide unlimited support to UK employers facing absence issues—without hourly charges or hidden costs.

Our Employment Law for Employers service offers practical, proactive advice tailored to your needs. Whether you’re updating your policy or managing a complex absence, we’re here to guide you every step of the way.

For expert help with managing sickness absence UK employers encounter, call John Bloor on 01625 874400 or email enquiries@ebslaw.co.uk today.