Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice.
Updated June 2026 · England & Wales
Sickness and absence sit near the top of the list of headaches for any UK employer. Get it wrong and you can end up with a grievance, a tribunal claim, or a workforce that feels either unsupported or taken advantage of.
Get it right and you have a fair, consistent process that protects the business and treats people properly when they are genuinely unwell. This page walks through how sickness and absence management typically works in England and Wales, what an employer is expected to have in place, and the practical steps that make a policy actually function day to day.
It is written for business owners, HR leads and line managers who want a plain-English starting point rather than a textbook on employment law.
Overview
A sickness and absence policy is the internal rulebook that sets out how your organisation handles staff who are off work, whether for a one-day cold, a longer period of illness, or something more serious. It covers how absence should be reported, who it should be reported to, when a fit note is required, how Statutory Sick Pay and any contractual sick pay operate, how return-to-work meetings are run, and when absence may trigger a formal review.
There is no single law that dictates every element of an absence policy. Instead, employers work within a framework made up of the Employment Rights Act 1996, the Equality Act 2010 (which protects disabled employees and can require reasonable adjustments), Statutory Sick Pay rules administered by HMRC, data protection law for health information, and general principles of fairness drawn from case law and the Acas Code. A well-drafted policy brings those threads together so managers know what to do and employees know what to expect.
Key steps
Set out how absence is reported. Your policy should say who the employee must contact, by when, and through what channel. Vague wording ("as soon as possible") causes disputes, so specify a time such as before the start of their shift and make clear that a text to a colleague is not enough. Cover repeat reporting for ongoing absence too.
Explain sick pay clearly. Employees need to understand the difference between Statutory Sick Pay and any enhanced contractual scheme you offer. Set out qualifying conditions, waiting days, how long payment continues, and what happens once entitlement is exhausted. For current SSP rates and thresholds, check gov.uk rather than hard-coding figures into the document.
Deal with fit notes and evidence. For short absences, self-certification is usually sufficient. Beyond that, a fit note from a GP or other authorised healthcare professional is normally required. Your policy should explain when you expect one, how it should be submitted, and how any recommended adjustments will be considered.
Run return-to-work meetings. A short, structured conversation after every absence is one of the most effective tools an employer has. It shows the employee their absence was noticed, picks up any underlying issues early, and creates a written record. Keep it supportive in tone rather than interrogative, and document what was discussed.
Handle persistent or long-term absence fairly. Set trigger points (for example, a number of separate absences in a rolling period) that prompt a formal review. For long-term cases, consider occupational health input, reasonable adjustments under the Equality Act 2010, and a fair capability procedure before any decision about dismissal is even on the table.
Q Do I legally need a written sickness and absence policy?
There is no standalone law forcing every UK employer to have a written sickness policy, but you are required to give employees certain written particulars about sick pay and terms of employment. In practice, a written policy is close to essential. Without one, managers apply different standards, employees feel unfairly treated, and any tribunal will look unfavourably on ad hoc decision-making.
Q How does Statutory Sick Pay actually work?
SSP is paid by employers to eligible employees who are off sick for four or more days in a row, subject to earnings and other qualifying conditions. It runs for a maximum period set by statute and is paid in the same way as normal wages, with tax and National Insurance deducted. Current rates and eligibility rules are on gov.uk and change periodically, so always check the latest figures.
Q When can I ask an employee for a fit note?
Employees can self-certify for the first seven calendar days of absence, including non-working days. From day eight onwards, you can reasonably ask for a fit note from a GP or other authorised healthcare professional. The fit note may say the employee is not fit for work or may be fit for work with adjustments, and you should consider any recommendations seriously.
Q What counts as a disability under the Equality Act 2010?
Broadly, a physical or mental impairment that has a substantial and long-term adverse effect on a person's ability to carry out normal day-to-day activities. Long-term usually means twelve months or more. If an employee meets the definition, you are under a duty to consider reasonable adjustments, which can affect how you manage absences linked to their condition.
Q Can I dismiss someone for persistent short-term absences?
Potentially yes, but only after a fair process. That normally means recorded return-to-work meetings, formal warnings at appropriate stages, proper investigation of underlying causes, consideration of any disability, and a genuine look at whether anything can be done to support the employee. Jumping straight to dismissal without those steps is high-risk and often unfair.
Q How should I handle medical information about staff?
Health data is special category personal data under UK GDPR, so it needs a higher level of protection than ordinary HR records. Access should be limited to those who genuinely need it, information should be stored securely, and it should only be used for the purpose it was collected. Consent is not always the right legal basis, so your approach needs care.
Q What are return-to-work meetings meant to achieve?
They are a short, informal conversation to welcome the employee back, confirm they are well enough to be at work, update them on anything they missed, and explore whether any support is needed. They also create a consistent record of absences and reasons, which becomes valuable if patterns emerge or formal action is later considered.
Sickness and absence decisions can feel straightforward until a long-term illness, a suspected disability, or a pattern of short absences lands on your desk. An experienced legal adviser can help you think through the options based on what you describe, so you know where the risks sit before you act.
✓Practical perspective on your specific absence situation
✓Plain-English answers to your specific questions about sick pay and process
✓What to watch out for when an absence may involve a disability
✓A clearer sense of your next steps based on what you describe
Personal call · For information only · Independent advisers
Written & reviewed by
Brad Askew Solicitor (non-practising)
Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.