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Sickness & Absence Policy UK: Employer Guide 2025

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Part ofUK Employment Law Guide for Employers (2025)

Written 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.
Updated June 2026 · England & Wales
Staff absence is one of those running costs that rarely shows up cleanly on a balance sheet, but every employer feels it. Missed deadlines, tired colleagues covering the gap, and managers pulled away from their own work all add up quickly. A clear sickness and absence policy helps everyone understand where they stand when someone is too unwell to work, and it gives line managers a consistent framework to follow rather than making it up case by case. This guide walks through the sections I would expect to see in a well-drafted policy for an England and Wales employer, from reporting procedures and return to work interviews through to handling longer-term ill health. It is written for business owners, HR leads and managers who want to get the basics right without drowning in jargon.

What this document is

A sickness and absence policy is the internal document that sets out how your business handles it when employees cannot come to work because of illness, injury or other health-related reasons. It is usually part of the staff handbook and sits alongside other core policies such as disciplinary, grievance and equal opportunities.

The policy does two jobs at once. First, it tells employees what is expected of them: who to contact, when, what evidence they may need to provide, and what will happen if they are off for a prolonged period. Second, it guides managers through the steps they should take, so that absence is handled fairly and in line with the employer's duties under employment law, including the Equality Act 2010 where a health condition may amount to a disability.

There is no single legal template every business must follow, but there are common elements that courts, tribunals and ACAS expect to see in a reasonable approach.

How to use this document

  1. Set out the aims and scope. Open the policy by explaining what it is trying to achieve and who it applies to. Typical aims include supporting employees back to work, managing attendance fairly, and keeping the business running when people are off. Be clear whether the policy covers all staff, including agency workers, contractors or probationers, and flag that some contractual terms may override it.
  2. Explain reporting and notification rules. Tell employees exactly how to report absence: who they must contact, by when on day one, and how often they need to update their manager if the absence continues. Cover expectations around honesty, keeping in touch, and providing fit notes from a GP once an absence runs beyond seven calendar days. Clarity here prevents most disputes.
  3. Describe short-term and long-term absence procedures. Treat short, repeated absences differently from a single long period of ill health. Short-term absence often calls for trigger points and informal conversations, while long-term absence usually requires occupational health input, reasonable adjustments and more formal review meetings. Spell out the steps managers should follow in each scenario.
  4. Cover sick pay and evidence requirements. Set out whether the business pays only Statutory Sick Pay or offers a contractual enhancement, how long enhanced pay lasts, and what evidence is needed. Reference self-certification for the first seven days and fit notes after that. Keep any specific rates general and point staff to gov.uk for the current SSP figures.
  5. Deal with return to work, dismissal and related circumstances. Explain how return to work interviews are used to check on wellbeing and identify any support needed. Set out when capability procedures may be triggered, the role of occupational health, and how decisions about ongoing employment will be made fairly. Also mention related areas: pregnancy-related absence, medical appointments, disability adjustments and unauthorised absence.

Common questions

Q Is a written sickness and absence policy a legal requirement?
There is no standalone law that forces every employer to have a formal sickness and absence policy, but employment contracts must include terms on incapacity for work and sick pay. In practice, having a written policy is strongly advisable. It gives you a defensible, consistent process if an absence issue ends up at an employment tribunal, and it helps managers apply the rules evenly across the workforce.
Q How long can an employee be off sick before I can take action?
There is no fixed cut-off. What matters is following a fair process. For short, frequent absences many employers use trigger points, for example a number of occasions or days in a rolling year, to start a conversation. For long-term absence, action is usually driven by medical evidence, occupational health input and consultation with the employee, rather than a calendar deadline.
Q What is Statutory Sick Pay and who qualifies?
Statutory Sick Pay (SSP) is the minimum an eligible employee receives from their employer when off sick for four or more days in a row, including non-working days. Eligibility depends on earnings and employment status, and SSP is paid for a limited number of weeks. Rates change, so check gov.uk for the current SSP amount and qualifying conditions before including figures in your policy.
Q Do I have to accept a self-certificated absence?
For absences of up to seven calendar days, employees are normally expected to self-certify rather than obtain a fit note. You can ask for reasonable information about the reason and expected return date. Beyond seven days, a fit note from a registered healthcare professional is usually required. Refusing to accept a genuine self-certificated absence without good reason is risky.
Q How does the Equality Act 2010 affect absence management?
If an employee's condition meets the legal definition of a disability, the employer has a duty to make reasonable adjustments and must not discriminate because of that disability. Disability-related absence may need to be treated differently from ordinary sickness absence, for example by discounting some days when applying triggers. Getting this wrong can lead to discrimination claims, so tread carefully.
Q Can I dismiss someone who has been off sick for a long time?
Dismissal on grounds of capability due to ill health can be lawful, but only after a fair process. That normally means obtaining up-to-date medical evidence, consulting the employee, considering reasonable adjustments and alternative roles, and giving proper notice. Rushing the process or failing to explore adjustments, particularly where disability is in play, often leads to successful unfair dismissal or discrimination claims.
Q Should return to work interviews be mandatory?
Most HR professionals recommend making return to work interviews a standard step after every absence, however short. They do not need to be formal or lengthy. A brief conversation helps confirm the employee is well enough to be back, picks up on any patterns, and allows managers to discuss support or adjustments. Consistent use also deters casual absenteeism without being heavy-handed.

Sources

This guide is based on primary UK law and official guidance.

Brad Askew, Solicitor (non-practising)

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.

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Legal disclaimer
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.