I Wonder How to Manage Employees on Sick Leave

Managing sickness absence is one of those areas that sounds straightforward in theory but can become surprisingly complex in practice.

Most employers want to be supportive – and rightly so. But balancing compassion with operational needs, legal risk, and consistency across the workforce isn’t always easy. So how should you deal with employees who are off sick, particularly where absence is longer term?

Recent research shows that sickness absence across the UK workforce is rising significantly. According to the latest figures from the CIPD, employees were absent for an average of 9.4 days per person in the past 12 months, a substantial jump from around 5.8 days before the pandemic – effectively nearly two full working weeks per employee. This represents one of the highest levels of absence seen in over a decade.

In this article, we explore the practical steps employers should take, the legal framework you need to keep in mind, and what’s changing this April in relation to Statutory Sick Pay (SSP).

Start with communication

When an employee goes off sick, your first priority should be to communicate appropriately and sensitively.

For short-term absence, this may simply involve ensuring your reporting procedures are followed, keeping in reasonable contact, and confirming when the employee is expected to return. The tone should remain supportive rather than interrogative.

Where absence becomes longer term, communication becomes more important and more nuanced. It is sensible to agree with the employee on how and when contact will take place, so expectations are clear on both sides. Employers should avoid excessive or intrusive contact, but equally should not disengage entirely. Maintaining appropriate communication allows you to understand likely timescales, discuss any support required, and ensure the employee feels informed and involved. As always, keeping a clear written record of discussions is advisable.

Understand your legal obligations

There are several legal considerations that may arise during sickness absence, particularly in longer-term cases.

Disability discrimination:
Under the Equality Act 2010, an employee may be disabled if they have a physical or mental impairment that has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities.

If sickness absence is connected to a disability, employers must take care not to treat the employee unfavourably because of a factor relating to that disability. There is also a duty to consider reasonable adjustments where workplace practices or requirements place the employee at a substantial disadvantage. This is particularly relevant in cases involving mental health conditions, cancer, long COVID, or other chronic illnesses. Applying a rigid absence management policy without considering these obligations can create significant legal risk.

Unfair dismissal considerations:
Employees with two years’ service have the right not to be unfairly dismissed under the Employment Rights Act 1996.

Dismissal for capability, including ill health, can potentially be fair. However, fairness will depend on whether the employer has obtained appropriate medical evidence, engaged in meaningful consultation with the employee, considered reasonable adjustments, and followed a fair procedure. A decision taken prematurely, or without proper investigation into prognosis and alternatives, is likely to be high-risk.

The role of medical evidence:
In longer-term or more complex cases, medical evidence is often central to a fair and defensible process.

This may involve obtaining a GP report (with the employee’s consent) or referring the employee to occupational health. The purpose is not to challenge the employee’s condition, but to understand it. Medical input can help clarify likely return-to-work timescales, whether the condition may amount to a disability, what adjustments could assist, and whether the employee may be fit for alternative duties.

Without medical evidence, employers often make decisions based on assumptions rather than informed assessment, which can undermine the fairness of any subsequent action.

Considering reasonable adjustments:
Where disability is a possibility, employers should actively consider whether reasonable adjustments could facilitate a return to work.

Adjustments will vary depending on the circumstances, but may include a phased return, amended duties, reduced hours, flexible working arrangements, or temporary redeployment. The obligation is to consider what is reasonable in the context of the organisation’s size and resources. Employers are not required to create entirely new roles or sustain indefinite absence, but they are expected to genuinely explore feasible adjustments before moving towards dismissal.

Documenting this consideration process is just as important as the decision itself.

Statutory Sick Pay (SSP)

Most eligible employees are entitled to SSP under the Social Security Contributions and Benefits Act 1992.

Currently, SSP is payable from the fourth qualifying day of absence and can be paid for up to 28 weeks, provided eligibility requirements are met. The statutory weekly rate is subject to annual review.

Upcoming April changes:
From April 2026, changes to SSP are expected to widen eligibility to day one and amend certain qualifying requirements, including the Lower Earnings Limit. This is likely to impact payroll processes and potentially increase the number of employees entitled to receive SSP.

Employers should take this opportunity to review payroll systems, check updated lower earnings thresholds, and ensure sickness absence policies and handbook wording reflect the current position. Managers should also be made aware of any changes to qualifying rules so that employees do not inadvertently receive incorrect information.

Proactive review now can prevent underpayments, unlawful deduction claims, and avoidable compliance issues later.

When can dismissal be fair?

Dismissal on the grounds of ill health should always be a last resort. However, it may be fair where there is no reasonable prospect of return, reasonable adjustments have been exhausted, medical evidence supports incapacity, and the employer can no longer reasonably sustain the absence.

Even in these circumstances, a fair process is essential. This will normally involve inviting the employee to a capability meeting, sharing medical evidence in advance, allowing representation, considering alternatives to dismissal, and offering a right of appeal.

The reasonableness of dismissal will often depend on the organisation's size and resources, and on the impact the absence has had on business operations.

Conclusion

Sickness absence is rarely just an administrative issue; it often involves complex health considerations and potential disability obligations.

Handled thoughtfully, it can strengthen trust and demonstrate that your organisation takes employee wellbeing seriously. Handled poorly, it can result in discrimination and unfair dismissal claims, as well as long-term damage to employee relations.

If you are dealing with a long-term or sensitive absence, a structured, legally informed approach will always put you in a stronger position.

Further Advice

If you have any queries on this topic or any other employment-related matters, our Peace of Mind Team is here to provide expert guidance. Our Document Audit Team can also assist in drafting relevant workplace policies.

Contact our Employment Team by emailing employment@warnergoodman.co.uk or calling 023 8071 7717.

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