Sickness absence management: UK employment law

Essential points

• There is no ‘one’ law covering sickness absence in UK law; employers need to understand how contracts of employment can influence how employees are treated when off sick, what the Employment Rights Act 1996 says about dismissing employees because of ‘capability’, and the provisions in the Equality Act 2010 covering disability discrimination. These laws all interact, alongside other legislation which covers specific matters such as Statutory Sick Pay (SSP) and medical records.
• Employers need to understand and distinguish between different forms of sickness absence.
• SSP is payable to all eligible employees from the first day of sickness absence.
• Employers should understand when someone might be ‘disabled’ and the extra rules that apply.
• Authorised absences may include attending medical appointments and sickness absence that is correctly reported by the employee. 
• Authorised sickness absences should be managed in accordance with an organisation's policies on sickness absence.
• Employers should investigate the causes of unauthorised absences and respond appropriately.
• Unauthorised absence could be a disciplinary matter.
• Long-term, or ongoing short term sickness absence could lead to dismissal on capability grounds.
• Incorrect management of sickness absence or lack of understanding around ‘disability’ could result in disability discrimination claims.