The Impact of Sick Days on Business: Employer’s Rights and Responsibilities

The nature or frequency of the sickness absence can raise different issues for an employer.  

Employers may find some employees taking frequent short-term absences (for example, repeated absences on a particular day of the week, or just before a monthly deadline or towards the end of a busy shift cycle); these may raise concerns from a disciplinary perspective.   

Other cases may involve longer-term sick leave, or evidence of an underlying longer-term medical issue.    

With longer-term sick leave in particular, employers should note that sickness absence may result from a “disability” (within the meaning of the Equality Act 2010).   At each stage of a sickness absence meetings procedure, consideration should be given as to whether there are reasonable adjustments that could be made to the requirements of a job or other aspects of working arrangements that will provide support at work and/or assist a return to work – it is a requirement of the Equality Act that reasonable adjustments are considered in relation to employees with a disability.  

It is important for employers to consider the reasons behind the absence (and seek further medical information and advice where necessary), check and follow the organisation’s policies and consider their legal obligations carefully. When reviewing an employee’s sickness absence record any patterns which cause concern should be identified and discussed. It is also important to ensure that employees are aware of and follow any sickness absence notification obligations (e.g. providing medical “fit notes” when required). Most policies will have thresholds that will trigger sickness absence meetings (often stages 1-3, with 3 being a final meeting).