Sickness absence management: UK employment law

Essential points

• Employers should distinguish between different forms of sickness absence.
• Authorised absences may include attending medical appointments and sickness absence that is correctly reported by the employee. 
• Employers should investigate the cause of unauthorised absences and respond appropriately. 
• Unauthorised absence could be a disciplinary matter.
• Authorised absences should be managed in accordance with an organisation's policies on sickness absence. 
• Long term sickness absence could lead to dismissal on capability grounds.
• Incorrect management of sickness absence could give rise to disability discrimination claims.

The Employment Rights Bill proposes to make access to statutory sick pay a right from day one of illness, and add protection from unfair dismissal from the start of employment (subject to a probationary period). It also proposes to remove the lower earnings limit. Keep up to date with the latest on these changes with our tracker of potential law changes. This page outlines the current law and we will update this page once any changes are enforced.