Employee sickness and disciplinary procedures
Being on sick leave does not automatically mean an employee is immune from disciplinary action, however employers need to handle cases with care in order to remain fair and legal.
UK employment law doesn’t state how many sick days are too many, so it’s up to you as the employer/business owner. You’ll also need to decide what happens if your chosen number of sick days is exceeded by an employee and what your tipping point is for disciplinary action.
Having a policy in place around sick days will help should you have someone on your team who is off work regularly or for an extended period.
It’s also important to remember that disciplinary action should not be based solely on the fact someone is ill. You should consider the reason for the absence - there could be an underlying health condition or disability - however, if a team member is repeatedly off sick or you spot a recurring pattern in their absences, you may wish to take some sort of action.
Some actions you can take before heading down a disciplinary route, include:
Hold return to work meetings after every absence – this not only gives you the opportunity to explore any underlying conditions, but also lets employees know absence is being monitored
Looking for ways to support your employees, including considering whether the job itself is making them unwell
You should give them reasonable time to recover from illness
You should abide by your legal duty to support disability in the workplace.
Don’t forget, you need to maintain accurate records of all of your employees’ sick leave, including reasons for absences and any communication with them regarding their health.
What a sickness policy should include
Your sickness policy should help both you and your employees understand what is expected when someone is unwell and unable to work.
Your policy should include:
How and when employees must report sickness absence
Who employees should contact when off sick
Requirements for self-certification and fit notes
Sick pay entitlement, including SSP and any company sick pay
Expectations around keeping in touch during absence
Return-to-work procedures and meetings
How recurring or long-term absence will be managed
When absence review meetings may take place
What support is available to employees, including reasonable adjustments where appropriate
How unauthorised absence will be handled
When formal disciplinary procedures may be considered.
A well-written sickness policy not only protects your business, but also reassures employees that absence will be handled fairly and professionally.
It’s important to make it clear that you care about your team’s wellbeing and that a conversation around sick days isn’t always about telling someone off, but can be about offering support.
As with most issues that arise in the workplace, maintaining open communication and approaching each situation fairly can help you support employee wellbeing while also protecting the needs of the business.
When handled correctly, absence management should focus on support first, with disciplinary action only considered where it is reasonable and appropriate to do so.
One of our FAQs is “what happens if I’ve told the employee they are being invited to a disciplinary and they then go sick?”
If you’re experiencing these circumstances or are in need of advice or guidance surrounding employee sickness and disciplinary for sickness, please get in touch. We are experts and provide HR consultancy services for SMEs.