How should employers manage long-term sickness absence?
Employers should keep in touch as agreed with the employee, get medical evidence such as an occupational health assessment or, with consent, a GP report, consider whether the employee is disabled and make reasonable adjustments, and explore a phased return or role changes. GOV.UK and Acas describe dismissal for ill health as a last resort after a fair process.
During the absence
Employees can self-certify for 7 calendar days; after that they need a fit note from a registered healthcare professional. Acas says the employer and employee should agree an appropriate level of contact, and that mental and physical health must be treated as equally important.
Statutory Sick Pay is payable for up to 28 weeks, and statutory annual leave continues to accrue during sick leave however long it lasts.
Medical evidence and disability
GOV.UK lists getting a GP medical report with the employee's permission (they have the right to see it first), arranging an occupational health assessment, and working out whether the employee is disabled under the Equality Act 2010. If they are, the employer must make reasonable adjustments. Acas suggests recording disability-related absence separately and treating medical information confidentially.
Supporting a return
Acas recommends a return to work meeting and, where appropriate, a phased return or changes to the role. If absence is due to poor mental health, the employer should look at whether work was a cause and address it.
If a return is not possible
Capability, assessed by reference to health among other things, is a potentially fair reason for dismissal under the Employment Rights Act 1996. GOV.UK says that if no reasonable adjustments would enable a disabled employee to do their job, dismissal may be fair. A fair process is still needed: GOV.UK lists factors a tribunal would consider, such as investigating, telling the employee why dismissal is being considered and listening to their views, and offering an appeal.
The law
“his capability assessed by reference to skill, aptitude, health or any other physical or mental quality…”
Sources
- Dismissing staff: dismissals due to illness · GOV.UK
- Dismissing staff: fair dismissals · GOV.UK
- When an employee is off sick - Sick leave · Acas
- Sickness and ending employment - Sick leave · Acas
- Recording absence - Managing sickness absence · Acas
- Statutory Sick Pay (SSP): employer guide · GOV.UK
- Plan to Make Work Pay and Employment Rights Act: timeline update · GOV.UK
General information for employers in Great Britain, not legal advice. Check the official sources for your situation.
- Statutory Sick Pay waiting days and Lower Earnings Limit removed
- Unfair dismissal qualifying period expected to reduce to 6 months for dismissals from this date (subject to Parliament)
Future dates are expected dates and depend on Parliament.
What employers can do
- Agree how and how often you will keep in touch
- Request fit notes and, with consent, occupational health or GP reports
- Assess whether the condition may be a disability and consider adjustments
- Plan a return to work meeting and a phased return where suitable
- Record absence accurately and keep medical information confidential
- Follow a fair, documented process before considering dismissal
Recent tribunal decisions on this topic
Tribunal tracker- Dedienne Aerospace UK Ltd Breach of contractDisability discriminationUnlawful deduction from wages Read the decision on GOV.UK
- Betsi Cadwaladr University Local Health Board Disability discriminationPublic interest disclosureUnfair dismissal Read the decision on GOV.UK
- The First Element Group Ltd Disability discrimination Read the decision on GOV.UK
Being listed does not mean a claim succeeded. Read the decision for the outcome; decisions can be reconsidered or appealed. If a listing concerns you, or a decision has since been anonymised or removed, tell us and we will review it and remove it where appropriate.
Related answers
- When must employers make reasonable adjustments? Under the Equality Act 2010, employers must make reasonable adjustments when they know, or could reasonably be expected to know, that a worker or job applicant is disabled and is likely to be put at a substantial disadvantage by a working practice, a physical feature or the lack of an auxiliary aid. The employer pays for the adjustments.
- How does statutory sick pay work from April 2026? Since 6 April 2026, statutory sick pay (SSP) is payable from the first full day of sickness absence and no longer depends on earning above the Lower Earnings Limit. The 2026 to 2027 weekly rate is £123.25 or 80% of the employee's average weekly earnings, whichever is lower, for up to 28 weeks.
- How should a performance improvement plan work? There is no statutory definition of a performance improvement plan (PIP). Acas guidance says that, if informal steps do not work, a PIP should set specific objectives, a reasonable timeline and any support or training needed, be discussed with the employee and confirmed in writing, and make clear what happens if performance does not improve.