Sickness absence

Absence from work due to illness is common-place, however it may become problematic in the workplace, whether you are off sick for a few days or longer term. We can advise you on your rights and obligations during your sickness absence, and complications that may arise from such absence.

Your rights

If you are off sick, you will normally be entitled to statutory sick pay (SSP) during your absence. Additionally, some employers operate a scheme of contractual sick pay, which may require you to fully comply with your employer’s sickness policy. We can advise you on whether or not you are satisfying your obligations as an employee and your rights to pay during periods of sickness.

You may be worried about returning to work after a period of sickness absence, particularly if it was more than a few days. Your employer should facilitate your return to work by consulting with you and your doctor, and consider if there are any reasonable adjustments that could be made to your role. We can advise you on your return to work and what may be considered to be a "reasonable adjustment".

Your obligations

When you are off sick you remain an employee, and your employer will usually want to keep in touch to understand when you might be returning to work, and they will usually wish to maintain sickness absence records. We can advise you on these, and any other continuing obligations you may have to your employer throughout your sickness and recovery.

Disciplinary hearings and unfair treatment

Whilst long-term absence is usually dealt with as a capability issue, persistent short-term or excessive absences for sickness may be dealt with as a disciplinary issue by your employer. However, if you feel that you have been unfairly treated during your sickness absence, that your rights have been infringed in any way, or you are experiencing problems with your return to work, we can also advise you.

Dismissal should be your employer’s last resort, when all reasonable alternative roles for you have been considered. In some circumstances, however, your contract of employment can be frustrated by long-term sickness absence. We can assess your contract and current employment situation to advise you of your rights and obligations.

If you have been dismissed because of your sickness absence, you may have a claim for unfair dismissal, especially where the employer fails to comply with a strict procedure. If the reason for your absence was due to your disability or a pregnancy-related illness, you may also have a claim for discrimination.