Short-term sickness absence in the workplace
Short-term sickness absence is an inevitable part of workforce management, yet if not handled effectively, it can disrupt business operations and impact productivity. Employers must balance the need for operational efficiency with fair and supportive policies that align with UK employment law. This guide explores the key aspects of managing short-term sickness absence, from understanding common causes to legal considerations and best practices.
Understanding short-term absence
Short-term absence generally refers to absences lasting from a single day to a few weeks, often due to minor illnesses, personal emergencies, or medical appointments. Unlike long-term absence, which involves prolonged health issues or life events, short-term absences are typically self-limiting but can become problematic if frequent or poorly managed.
Common causes of short-term absence
Minor illnesses – Conditions such as colds, flu, and stomach bugs are the most frequent reasons employees take short-term leave.
Personal emergencies – Unforeseen circumstances, such as childcare issues or family health concerns, often necessitate short absences.
Medical appointments – Planned absences for medical check-ups, treatments, or minor procedures.
Mental health – Increasingly, employees take short-term leave for stress, anxiety, or other mental health concerns, highlighting the need for proactive workplace support.
Managing short-term absence effectively
A structured absence management policy helps minimize disruption while ensuring employees receive fair treatment. Key elements of effective absence management include clear policies, reporting procedures, return-to-work interviews, and monitoring attendance trends.
Absence reporting procedures
Employers should require employees to report absences promptly, specifying the reason and expected duration. Clear guidelines on self-certification (for absences up to seven days) and fit notes (for absences beyond seven days) ensure consistency.
Return-to-work interviews
Conducting return-to-work interviews supports employees’ reintegration and helps identify any ongoing health concerns or workplace adjustments needed. These informal discussions also deter non-genuine absences and reinforce accountability.
Legal considerations for short-term absence
Employers must ensure that absence policies align with UK employment law to avoid discrimination or unfair treatment claims.
Statutory Sick Pay (SSP) and Occupational Sick Pay
Eligible employees are entitled to Statutory Sick Pay (SSP) if they earn at least £123 per week and have been off sick for four or more consecutive days. As of April 6, 2025, the SSP rate will increase from £116.75 to £118.75 per week. SSP is payable for up to 28 weeks. Some employers offer Occupational Sick Pay, which provides enhanced benefits beyond SSP, subject to contract terms.
Additionally, from April 1, 2025, the National Living Wage for workers aged 21 and over will rise to £12.21 per hour, and the minimum wage for those aged 18 to 20 will increase to £10.00 per hour. These wage changes may impact payroll calculations for sick pay and employee entitlements.
Employers should also note that from April 6, 2025, National Insurance Contributions (NICs) will increase from 13.8% to 15%, and the threshold for employer NICs will drop from £9,100 to £5,000 per year. This change will result in higher payroll costs for businesses, impacting the overall cost of absence management.
Disability and reasonable adjustments
Under the Equality Act 2010, employers must make reasonable adjustments for employees with disabilities, including flexible work arrangements or changes to job roles to support attendance and performance.
While addiction itself is not classified as a disability under the Equality Act 2010, conditions arising from addiction, such as depression, anxiety, or liver disease, may qualify as disabilities. Employers are obligated to consider reasonable adjustments for affected employees to ensure they are not unfairly disadvantaged in the workplace.
Contacting employees during sick leave
Employers should maintain appropriate contact with employees on sick leave, ensuring communication is supportive rather than intrusive. Agreed-upon contact frequency and method help keep employees informed while preventing undue pressure.
Attendance warnings and disciplinary action
Employers have the right to issue warnings for poor attendance, but this must be handled carefully to avoid claims of unfair dismissal or discrimination. Before issuing warnings, employers should:
Review attendance records for excessive absences.
Investigate underlying reasons, particularly where disability or mental health conditions are involved.
Consider reasonable adjustments and available support mechanisms.
Follow a fair disciplinary procedure that includes the employee’s right to respond.
Medical reports and occupational health assessments
In cases of frequent absences, long-term health concerns, or return-to-work planning, employers may request a medical report or an occupational health assessment. These evaluations help determine an employee’s fitness for work and necessary adjustments.
Key considerations when requesting a medical report
Employers must obtain employee consent before requesting a medical report.
Reports should only request information relevant to employment and fitness for work.
Health information must be handled confidentially in compliance with UK GDPR and the Data Protection Act 2018.
Creating a supportive workplace culture
While absence management policies are essential, fostering a culture that promotes employee well-being can help prevent frequent short-term absences. Proactive steps include:
Encouraging a healthy work-life balance.
Providing access to health and well-being resources.
Offering flexible work arrangements where feasible.
Training managers to support employees effectively and handle absence-related concerns sensitively.
Short-term sickness absence requires a structured yet compassionate approach that balances operational needs with employee rights. By implementing clear policies, maintaining open communication, and complying with legal requirements, employers can effectively manage absences while supporting employee well-being. A proactive approach to health and attendance can reduce absenteeism, improve workplace morale, and create a more resilient organisation.
Long-term sickness absence in the workplace
Long-term sickness absence presents significant challenges for both employees and employers. Defined as an absence lasting beyond four weeks, it requires careful management to ensure compliance with employment law, support employee well-being, and maintain business operations. This guide explores the key aspects of managing long-term sickness absence, from understanding its causes to implementing supportive return-to-work strategies.
Understanding long-term absence
Long-term absence is typically due to chronic health conditions, mental health issues, serious injuries, or prolonged recovery from surgery or illness. Conditions such as depression, anxiety, musculoskeletal disorders, and long COVID are increasingly recognised as major contributors to long-term absence. The impact on organisations includes reduced productivity, increased workload on remaining staff, and potential legal risks if absence management is not handled appropriately.
Legal considerations and employer obligations
Employment law framework
Employers must comply with key legislation when managing long-term sickness absence:
The Equality Act 2010 – Requires employers to make reasonable adjustments for employees with disabilities, including those with long-term health conditions.
The Health and Safety at Work etc. Act 1974 – Mandates that employers safeguard employees' physical and mental well-being.
The Employment Rights Act 1996 – Outlines provisions for fair dismissal, ensuring that any termination due to long-term sickness is justifiable and follows due process.
Employers must also be mindful of avoiding discrimination and ensuring that absence management policies do not unfairly disadvantage employees with disabilities or long-term conditions.
Managing long-term sickness absence
Developing a clear absence management policy
A comprehensive absence management policy should outline:
Procedures for reporting and documenting absences.
Expectations around medical evidence, including fit notes and occupational health assessments.
Support available to employees, such as phased return-to-work plans.
Maintaining communication
Regular communication between the employer and the absent employee is essential. However, this must be done sensitively to avoid the perception of undue pressure. Agreed-upon contact schedules can help maintain engagement without being intrusive.
Key communication strategies include:
Keeping the employee informed about workplace changes.
Checking in to assess the employee’s well-being and potential return-to-work plans.
Providing information on available support, such as Employee Assistance Programs.
Supporting employees with long-term health conditions
Reasonable adjustments
Employers must make reasonable adjustments to accommodate employees returning from long-term sickness absence. These may include:
Flexible working arrangements – Adjusting working hours or allowing remote work.
Phased return-to-work plans – Gradually increasing working hours or responsibilities.
Workplace modifications – Providing ergonomic furniture or assistive technology for employees with physical impairments.
Access to occupational health services
An occupational health referral can help determine an employee’s fitness to work and identify necessary workplace adjustments. These assessments provide impartial guidance and help employers make informed decisions about long-term absence cases.
Navigating the return-to-work process
Conducting return-to-work interviews
A structured return-to-work interview helps facilitate a smooth transition back into the workplace. These discussions should:
Address any remaining health concerns.
Identify necessary adjustments or support mechanisms.
Ensure the employee feels valued and reintegrated into the team.
Phased return to work
A phased return-to-work plan allows employees to ease back into their roles. This approach minimises stress and prevents relapses by gradually increasing working hours and responsibilities.
Training and workplace reintegration
Returning employees may require refresher training, particularly if there have been procedural or technological changes during their absence. Assigning a mentor or peer support can help ease their transition back into the workplace.
Addressing challenges in long-term absence management
Presenteeism and workplace culture
Employers should discourage presenteeism—where employees return before they are fully recovered - by fostering a culture that prioritises health and well-being over immediate productivity.
Handling discrimination and fair dismissal
Employers must handle long-term absence cases fairly to avoid claims of discrimination or unfair dismissal. Before considering termination, they should:
Ensure all reasonable adjustments have been explored.
Seek medical and occupational health advice.
Conduct a fair consultation process with the employee.
Monitoring and evaluating absence management policies
Employers should regularly review their absence management policies to ensure they remain fair, effective, and legally compliant. Gathering feedback from employees and monitoring absence trends can help identify areas for improvement and ensure ongoing support for employees with long-term health conditions.
Managing long-term sickness absence requires a structured yet compassionate approach. By maintaining clear policies, offering appropriate support, and complying with legal obligations, employers can foster a workplace that prioritises employee well-being while maintaining operational efficiency. A proactive and fair approach benefits both employees and the organisation, promoting a culture of inclusivity and support.
Handling unauthorised absence in the workplace
Unauthorised absence, commonly referred to as being "absent without leave" (AWOL), occurs when an employee fails to attend work without prior permission or does not follow the organisation’s policy for reporting unexpected absences. Such absences can disrupt business operations, impact team morale, and lead to financial losses. Employers must implement clear policies and fair procedures to manage unauthorised absences effectively while complying with UK employment law.
Understanding unauthorised absence
Unauthorised absence can take several forms, including:
Failure to notify: When an employee does not inform their employer of an absence due to illness or personal matters.
Returning late from leave: Employees who extend their approved leave without permission.
Leaving work early: Exiting the workplace before the agreed finish time without prior approval.
Persistent lateness: Consistently arriving late to work without a valid reason.
Employers must have a clear definition of what constitutes unauthorised absence within their policies and ensure employees understand the procedures for reporting absences.
Employer’s duty of care
Employers have a duty of care towards their employees, which includes ensuring their safety and well-being. If an employee fails to show up for work unexpectedly, the employer should attempt to contact them using available communication channels. If necessary, reaching out to an emergency contact may be appropriate. Employers should handle such situations sensitively, as unforeseen circumstances such as illness or personal emergencies may be the cause of the absence.
Managing unauthorised absence
Effective absence management requires a combination of clear policies, proactive communication, and fair disciplinary procedures.
Developing clear policies
Employers should establish well-defined absence policies that include:
Reporting procedures: Guidelines on how employees should notify their employer of an absence.
Consequences of unauthorised absence: The potential disciplinary actions for failing to report absences.
Support mechanisms: Resources available to employees, such as flexible working arrangements or employee assistance programmes.
Return-to-work interviews
Conducting return-to-work interviews can help employers:
Understand the reason for an employee’s absence.
Identify any patterns of unauthorised absence.
Reinforce the importance of following absence policies.
Offer support if the absence was due to personal or health-related issues.
Lawful dismissal for unauthorised absence
Steps to address unauthorised absence
Attempt to contact the Employee: Employers should make reasonable attempts to reach the employee and document these efforts.
Conduct a return-to-work interview: Understand the reasons for the absence and discuss compliance with reporting procedures.
Investigate the absence: If the absence is persistent or unexplained, conduct a formal investigation.
Follow a fair disciplinary process: If necessary, initiate disciplinary proceedings, ensuring:
The employee is informed of the allegations in writing.
A disciplinary hearing is conducted where the employee can respond.
The employee has the right to be accompanied at the hearing.
The decision is fair and proportionate to the circumstances.
Allow for an appeal: The employee should be given the right to appeal any disciplinary decision, following the company’s internal procedures.
Legal considerations
Employers must ensure fairness in disciplinary actions related to unauthorised absence. Under the Employment Rights Act 1996, a dismissal must be for a fair reason, and employers must follow a fair process. Additionally, the Equality Act 2010 requires employers to make reasonable adjustments for employees with disabilities, meaning that absences related to health conditions must be handled sensitively to avoid discrimination claims.
Payment for unauthorised absence
Contractual and statutory considerations
Employees are generally not entitled to pay for unauthorised absences since they are not fulfilling their contractual duties. However, employers should:
Consider whether the absence was justified retrospectively.
Determine if the employee qualifies for statutory sick pay (SSP) if the absence was due to illness and properly reported.
Ensure that deductions from pay comply with the terms of the employee’s contract and UK employment law.
Practical guidance on dealing with employees returning late from holiday
Employers should handle late returns from annual leave in a structured manner:
Assess the Situation: Determine if the delay was due to unavoidable circumstances, such as travel disruptions.
Review Policies: Check employment contracts and company policies to guide the response.
Communicate with the Employee: Conduct a private meeting to discuss the late return and document the conversation.
Determine Appropriate Action:
If the reason is valid, offer support such as remote work options or additional leave.
If the absence was avoidable, consider issuing a warning or initiating disciplinary action.
Managing an employee’s failure to return from annual leave
When an employee fails to return from leave without notice, employers should:
Attempt contact: Use phone, email, or text to check on their situation.
Reach out to emergency contacts: If no response is received, contact the employee’s emergency contact after a reasonable period.
Document communications: Keep records of all attempts to reach the employee.
Investigate the reason: Determine if the absence was due to unforeseen circumstances like travel delays or illness.
Take disciplinary action if necessary: If the absence was unauthorised and without a valid reason, follow the company’s disciplinary procedures.
Preventive measures and best practices
Policy development
Ensure holiday policies clearly define procedures for requesting, extending, and returning from leave.
Outline consequences for failing to return on time.
Communication and training
Regularly update employees on absence policies.
Train managers on handling unauthorised absences effectively.
Encouraging open communication
Foster a workplace culture where employees feel comfortable discussing personal challenges that may impact attendance.
Offer flexible working options where feasible to accommodate personal and family needs.
Handling unauthorised absence requires a structured, fair, and legally compliant approach. Employers should implement clear policies, maintain open communication, and apply disciplinary measures consistently while considering individual circumstances. By doing so, businesses can maintain productivity, support employees effectively, and reduce the risk of legal disputes.
Drugs and alcohol in the workplace
Developing the right culture, policy, and process for managing drugs and alcohol in the workplace
Understanding the importance of workplace culture
Creating a positive workplace culture is essential for managing drugs and alcohol effectively. A supportive environment encourages employees to seek help without fear of stigma or retribution. Employers should focus on fostering a culture that prioritises health, safety, and well-being through open communication, education on substance misuse, and ensuring employees feel valued. A strong culture can significantly reduce the incidence of substance misuse and its associated risks, such as accidents, absenteeism, and decreased productivity.
Promoting inclusivity and support
Employers should ensure all employees feel included and supported, including providing non-alcoholic options at social events and respecting personal or religious reasons for not consuming alcohol. By fostering inclusivity, employers can prevent indirect discrimination and promote a sense of belonging.
Developing comprehensive policies
A well-drafted policy on drug and alcohol misuse is crucial for managing these issues effectively. Such policies should clearly outline the organisation's stance, procedures for testing, and consequences of policy violations while also emphasising support, such as access to counselling services and employee assistance programs.
Key elements of an effective policy include:
Clear guidelines: Outline acceptable and unacceptable behaviours.
Support and rehabilitation: Provide pathways for employees to seek help.
Confidentiality and privacy: Ensure that all related information is handled with discretion.
Policies should be regularly reviewed and updated to remain relevant and effective.
Implementing drug and alcohol testing in the workplace
Legal framework and justification
Employers have a legal duty under the Health and Safety at Work Act 1974 to manage risks associated with drug and alcohol misuse, particularly in safety-critical roles such as driving or operating heavy machinery. Implementing a drug and alcohol testing policy is a proactive measure to mitigate these risks while balancing employee privacy rights.
Policy development
A drug and alcohol testing policy should include:
Consent and confidentiality: Employees must provide written consent, and test results must be treated as sensitive personal data.
Testing methods: Define acceptable methods, such as oral fluid or urine tests.
Random and for-cause testing: Ensure fairness and compliance with data protection laws.
Support and rehabilitation: Provide employees with access to treatment programs rather than enforcing purely punitive measures.
Effective implementation requires clear communication and training for managers and employees.
Handling employee disclosure of drug or alcohol problem
When an employee discloses a drug or alcohol problem, employers must respond with sensitivity while ensuring workplace safety.
Under the Equality Act 2010, addiction alone is not classified as a disability. However, conditions that result from substance misuse, such as liver disease, depression, or anxiety disorders, may be considered disabilities. This means employers have a legal duty to make reasonable adjustments for employees affected by these conditions, such as offering flexible work arrangements or adjustments to their role where appropriate.
Employers should ensure that any policies regarding drug and alcohol misuse distinguish between misconduct and an employee needing medical support. A compassionate, supportive approach - such as referral to occupational health or an Employee Assistance Program (EAP) - can help employees recover while maintaining compliance with legal obligations.
Employer response
Confidential meeting: Provide a non-judgmental space for the employee to discuss their situation.
Support plan: Offer accommodations such as modified duties or a phased return to work.
Monitoring and follow-up: Maintain regular communication and support mechanisms to encourage sustained recovery.
Handling an employee under the influence of drugs or alcohol in the workplace
If an employee is suspected of being under the influence, immediate action is necessary to ensure safety and compliance with company policy.
Key steps
Immediate action: Discreetly remove the employee from their duties if necessary.
Investigation: Gather evidence, including witness statements or test results.
Disciplinary procedure: Follow the company's disciplinary process, ensuring fairness and compliance with employment law.
Support and rehabilitation: Encourage affected employees to seek treatment through counselling or rehabilitation programmes.
Employers must ensure any disciplinary action taken is fair and lawful, avoiding potential claims of unfair dismissal.
Supporting an employee’s return to work after getting help for drug or alcohol issues
Employers should provide structured support to facilitate an employee’s reintegration into the workplace after treatment for substance misuse.
Developing a return to work plan
Phased return: Allow employees to gradually increase their workload.
Reasonable adjustments: Modify duties or schedules as needed.
Regular monitoring: Conduct check-ins to assess progress and address concerns.
Addressing suspected drug or alcohol misuse outside of work
Employers must approach substance misuse outside of work carefully, balancing employee privacy with workplace safety concerns.
Legal considerations
Employers must recognise the Equality Act 2010 distinction between addiction (not a disability) and resulting impairments that may qualify for protection.
Conducting an investigation
Employers should follow a fair and thorough process:
Investigation: Gather facts and speak with relevant parties.
Suspension and Interim Measures: If necessary, suspend the employee on full pay while reviewing the situation.
Disciplinary Action: If warranted, conduct a fair disciplinary process in line with company policies.
Support and Rehabilitation: Offer confidential assistance and treatment options.
Managing drugs and alcohol in the workplace requires a comprehensive approach, balancing safety, legal compliance, and employee well-being. By fostering a supportive workplace culture, implementing clear policies, and providing access to support services, employers can create a safer and more productive work environment while helping employees struggling with substance misuse regain stability in their professional and personal lives.
Guidance on absence targets and triggers
Understanding absence targets and triggers
Absence targets and triggers are essential tools for managing employee attendance effectively. They help organisations identify patterns of absence and take appropriate action to address them. Absence targets set benchmarks for acceptable levels of absence within an organisation, while triggers are specific points that prompt a review of an employee's attendance record. These mechanisms are crucial for maintaining productivity and ensuring fairness in the workplace.
Importance of absence targets
Absence targets provide clear expectations regarding attendance and help employers manage resources efficiently. Setting realistic targets ensures that employees understand what constitutes acceptable absence levels while promoting accountability and responsibility. Effective absence targets can:
Provide a framework for monitoring attendance trends.
Ensure fairness and consistency in managing absence.
Encourage a culture of attendance and reliability.
Role of triggers in absence management
Triggers act as indicators that prompt further review of an employee’s attendance. They ensure that absence management is proactive rather than reactive, helping employers to address attendance issues before they escalate. Common types of absence triggers include:
Frequency-based triggers: A set number of absences within a specific timeframe (e.g., three absences in six months).
Duration-based triggers: Absences exceeding a certain length (e.g., one absence lasting more than seven days).
Pattern-based triggers: Identifiable trends, such as frequent absences on Mondays or Fridays.
Implementing absence targets and triggers
Setting realistic absence targets
Employers should consider business needs and historical absence data when setting targets. These should be:
Achievable: Based on industry benchmarks and past absence trends.
Fair: Taking into account different job roles and work conditions.
Clearly communicated: Ensuring employees understand expectations and consequences.
Establishing effective triggers
To ensure fairness and effectiveness, triggers should be:
Objective: Based on measurable criteria rather than subjective judgments.
Consistently applied: Used uniformly across the organisation to prevent bias.
Flexible: Adjusted where necessary to accommodate disability-related or pregnancy-related absences in compliance with employment laws.
Communicating absence policies
Clear communication is essential. Employees should be informed about:
How absence targets and triggers work.
Reporting procedures for absences.
Available support for those struggling with attendance.
Managing absence reviews
When an employee reaches a trigger point, an absence review should be conducted. This process should focus on:
Checking on employee wellbeing: Understanding reasons for absences.
Providing support: Identifying workplace adjustments or additional resources needed.
Ensuring fairness: Avoiding discrimination and recognising individual circumstances.
Addressing underlying causes of absence
Absence reviews offer an opportunity to identify and address underlying issues such as:
Work-related stress or burnout.
Health concerns requiring reasonable adjustments under the Equality Act 2010.
Personal circumstances that may require flexible working arrangements.
Avoiding discrimination
Employers must:
Ensure that absence policies do not disproportionately impact employees with disabilities or caring responsibilities.
Record disability-related absences separately to avoid unfair penalties.
Make reasonable adjustments where necessary.
Legal considerations
Compliance with employment law
Employers must:
Adhere to statutory requirements for sick pay and fit notes.
Ensure fair application of absence management policies to prevent claims of discrimination or unfair dismissal.
Data protection and confidentiality
When recording and managing absence data, employers must comply with data protection laws such as the UK GDPR, ensuring:
Confidentiality of medical information.
Transparency in how data is used and stored.
Effective absence management requires setting clear targets and triggers while ensuring fairness and compliance with employment law. Employers should adopt a proactive, supportive approach to attendance management, prioritising employee wellbeing and workplace productivity. By implementing structured policies, monitoring absence trends, and fostering open communication, organisations can create a positive work environment that encourages attendance and reduces absenteeism.
