Invitation to attend meeting to discuss sickness absence
COVID-19 policy
Most Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members are entitled to be absent from work when they are sick, and as an A person or business hiring one or more staff members., you have certain obligations to help ensure that they are able to rest and recover from their illness and return to work at an appropriate time and in an appropriate manner.
Your key obligations are:
to ensure that provisions about entitlement to Payment made by an employer to a staff member during the staff member's time off work due to illness or disability. and leave are set out in Individuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work.' and People hired to work on an as required basis, sometimes known as seasonal workers.' contracts (see Employment contracts or Contracts for casual workers for more information);
to follow an appropriate procedure when you become aware that a Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member is absent because of sickness (see Q&A 2 and following and Staff handbook and policies for a template policy);
to pay those Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members who are entitled to it during their sickness absence (see Q&A 29 and following);
in appropriate cases, to follow a return to work procedure once the member of Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. returns (see Q&A 18);
to deal fairly with Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. who are frequently sick (see Q&A 20) or who are on long-term sick leave (see Q&A 44); and
to consider reasonable adjustments for Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members who have a A physical or mental impairment which has a substantial or long-term effect on a person’s ability to carry out normal day to day activities., to enable them to continue working for you (see Q&A 47 and following).
All Individuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work., People hired to work on an as required basis, sometimes known as seasonal workers., Staff supplied by a recruitment agency to work for a business under a contract made between the agency and the business. and apprentices are entitled to time off work when they are too sick to perform their job.
Staff supplied by a recruitment agency to work for a business under a contract made between the agency and the business. are entitled to time off work when they are too sick to perform their job.
Dealing with this will usually be the responsibility of the agency that supplied them to you (since in most cases, your contract is with the agency rather than with the A staff member who has an obligation to do their work personally for someone who is not their client or customer. direct, and the A staff member who has an obligation to do their work personally for someone who is not their client or customer. is employed by the agency); in practice, you will need to liaise with the agency about how to deal with the absence and check your contract with the agency to see whether there is a requirement for the agency to provide you with a replacement.
No; self-employed People, in business for themselves, who provide services to others. They may be individuals simply working under their own names, or may offer services through companies or partnerships. Sometimes known as consultants or independent contractors. are not entitled to sick leave, so any arrangements about what happens when such Staff members who have an obligation to do their work personally for someone who is not their client or customer. are sick will need to be agreed between you and the A person, in business for himself, who provides services to others. He may be an individual simply working under his own name, or may offer services through a company or partnership. Sometimes known as a consultant or independent contractor..
See Freelancers (self-employed staff) for more information about the practicalities of using People, in business for themselves, who provide services to others. They may be individuals simply working under their own names, or may offer services through companies or partnerships. Sometimes known as consultants or independent contractors. .
Sickness can include a physical illness such as flu, a mental illness such as depression or a physical A physical or mental impairment which has a substantial or long-term effect on a person’s ability to carry out normal day to day activities. such as a broken arm. See Q&A 12 for further information about when you can require an An individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. to provide medical evidence of their illness.
Clearly, the extent to which a particular type of sickness will affect your Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member's ability to do their job will depend on the type of job they have. This will be a judgement call and will often need to be handled sensitively; see Q&A 11 for further information about how to handle discussions with Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members about whether some work could be done.
Whilst you are not obliged to keep any records about sickness absence or Payment made by an employer to a staff member during the staff member's time off work due to illness or disability., it is sensible to do so in order to help you monitor any regular patterns of absence among your Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. and thus spot any underlying issues; for example, Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. who are often off sick on Mondays (and thus may be taking illegitimate sick leave) or Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. who are frequently off work with an injury after a period of manual labour. It is very important that all records you keep are stored securely and only for as long as necessary in accordance with your The area of law which deals with the way in which data can be handled. obligations. Be careful when deciding what information you gather and records you keep about your Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members' health. Health records are Also known as special category data. Personal data which is particularly sensitive in terms of the impact it could have on the rights and freedoms of individuals. It includes personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a person, data concerning health or data concerning a person's sex life or sexual orientation., so you have enhanced legal obligations when dealing with them. For further information about this, see Records and staff data.
See Q&A 20 for information about managing frequent sickness absence and Q&A 17 for information about what to do where you suspect an An individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. is not telling the truth about sickness.
See Q&A 29 for information about payment during sickness absence.
If you do not have a specific policy in place, Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members are legally obliged to notify you of sickness absence in writing within seven days (including non-working days) of being absent from work.
However, you can require your Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. to notify you earlier than this and it is perfectly legitimate and common practice for a business to specify that Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. must contact a particular person by a certain time on the first day of absence via telephone, rather than text message or email. This can help you be satisfied that sickness absences are genuine and should discourage Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. from using non-genuine sickness as an excuse to take time off work (see Q&A 17 for further information about what you can do if you suspect this). If you have such a rule, you must make your Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. aware of it, usually by setting it out in your sickness policy within your A staff handbook is a manual provided to employees by an employer which usually contains information about company policies and procedures.; see Staff handbook for more information and Staff handbook and policies for a template policy you can use.
Once you make contact with a Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member, you should seek to establish:
the reason for the absence;
how long the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member expects to be off and if more than a few days, how and when they wish you to keep in contact with them about their return date; and
whether there is anything they are working on that needs covering/dealing with in their absence.
For information about what to do if a Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member does not contact you to explain his absence, see Q&A 10.
Yes; this is common practice. You must clearly specify this, as well as any other conditions you have for reporting sickness absence, in your sickness absence policy which is usually set out in your A staff handbook is a manual provided to employees by an employer which usually contains information about company policies and procedures.. See HR policies for more information and Staff handbook and policies for a template policy you can use.
Note that you cannot require your Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. to notify you of sickness absence in person or to use a printed form or other document you provide in order to notify you.
If a Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member fails to notify you of their absence in the way you have specified (for example, they email rather than call you), you should first raise this with them informally in order to ensure they are aware of your policy. If their behaviour continues without good reason, this may be treated as a disciplinary matter, particularly if you are concerned that the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member is not being truthful about their sickness; see Q&A 17 for information about what to do in this situation and Taking disciplinary action for guidance about taking disciplinary action.
If you have a procedure in place which gives a time limit for notification of absence, your Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member must contact you to notify you of their absence by the specified time. If you have not set a procedure, the default time limit for notification is seven days (including non-working days) after the first day of absence.
If a Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member is absent and has not contacted you, you should try to contact them, generally within the first few hours of their usual start time; you should keep a record of your attempts. Usually, you will hear from the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member or otherwise be able to pin down the cause of absence within a reasonable time period. However, bear in mind that there may be situations where it is not possible for a Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member to notify you within the relevant timescale; an obvious one being where they are seriously ill in hospital. If your Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member has good reason, they can give notice up to a month after the first day of absence or as soon as practicable after that (up to a maximum limit of 91 days).
If you do not receive a notification within the correct time period, you are allowed to stop paying the An individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. Statutory sick pay: A sum of money that certain members of staff are entitled to if they cannot work because of sickness. from the day on which notice was due but not received. However, because of the longer time limit for notification referred to above, you must be sure that there is not a good reason for the lack of notification before you decide to withhold payment.
If a Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member fails to turn up for work and does not have an acceptable reason, you may also need to treat this as a disciplinary matter; see Taking disciplinary action for information about this and Staff handbook and policies for a template disciplinary procedure.
See HR policies for further information about setting policies and procedures to deal with sickness absence and Staff handbook and policies for a template policy you can use.
Where a Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member is too sick to perform any of their duties, they must be allowed to take a complete break from work until they recover. Equally, for operational reasons it is often advisable that Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members who are sick do not attend work to avoid passing any illness to other Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members.
However, sickness can include physical illnesses as well as mental illnesses such as depression or physical disabilities such a broken limb. There may be circumstances in which a Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member's sickness does not render them entirely incapable of working, and if they are capable of doing some work, you are theoretically entitled to refuse to allow them time off and could require them to do what they are capable of. There may be cases where this is clearly feasible and can be easily agreed with a member of Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer.. For example, an IT support A staff member who has an obligation to do their work personally for someone who is not their client or customer. who has broken their leg and cannot travel into the office may still (after a reasonable initial period of recovery) be capable of offering remote IT support from home.
In other cases the decision will be more difficult and you should generally try to avoid disagreeing with a Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member about whether they are or are not capable of working for you. This is particularly important in the case of Individuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work., who may potentially bring When an employee is dismissed without good reason or without following the proper procedure. Tribunal awards for unfair dismissal are up to one year's gross pay, currently capped at £93,878. claims; they could potentially claim that you have Violation of a legal or moral obligation. their contract by refusing to allow them time off, and in extreme cases resign and claim that they were forced to do so as a result of your conduct, in which case they may be entitled to bring a claim for When an employee is dismissed without good reason or without following the proper procedure. Tribunal awards for unfair dismissal are up to one year's gross pay, currently capped at £93,878. against you (see Process for dismissing an employee for further information on who is eligible to claim for When an employee is dismissed without good reason or without following the proper procedure. Tribunal awards for unfair dismissal are up to one year's gross pay, currently capped at £93,878.). In addition, certain types of illness (including depression) can count as a A physical or mental impairment which has a substantial or long-term effect on a person’s ability to carry out normal day to day activities. and failure to allow Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. adequate time off could lead to a claim for A physical or mental impairment which has a substantial or long-term effect on a person’s ability to carry out normal day to day activities. Treating someone differently directly or indirectly because of their age, disability, gender reassignment, marriage or civil partnership status, being pregnant and/or being on maternity leave, race, religion or belief, sex or sexual orientation.; see Q&A 47 and following for further information about this and List of common disabilities for a list of common disabilities.
After seven days of absence (including non-working days), you can require the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member to give you a note from a healthcare professional which will advise whether they are unfit for work in general, or possibly fit for just some aspects of work. Where it states the latter, the healthcare professional will often specify how you can facilitate the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member's return to work more quickly (eg by decreasing their working hours temporarily, or reducing strenuous duties) so this can make it easier to facilitate a conversation about returning to work in some capacity. See Q&A 12 for further information about obtaining medical evidence of sickness and dealing with recommendations in fit notes and AHP Reports.
Yes, usually; in order to qualify for Statutory sick pay: A sum of money that certain members of staff are entitled to if they cannot work because of sickness. during their absence, your Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member is legally obliged to provide you with some evidence about their sickness. However, this is only required after the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member has been off work for more than seven days (including non-working days). For absences of less than this, a Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member can simply inform you they are ill without providing proof (known as self-certification) and you will have to accept this self-certification as evidence for the purposes of their entitlement to Statutory sick pay: A sum of money that certain members of staff are entitled to if they cannot work because of sickness.. You can ask for self-certification to be provided over the telephone, via email or via Form SC2 which has been produced by the government.
After seven days of absence (including non-working days), you can require the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member to give you a note from a healthcare professional, in the form of either a A form issued by a doctor to describe the health of a staff member, and to recommend whether they can work fully, partially, or not at all. or an Allied Health Professions Health and Work Report (Allied Health Professions Health and Work Report: a report from a medical professional that can be used as evidence of sickness by an employer (http://www.ahpf.org.uk/AHP_Health_and_Work_Report.htm) ); see Q&A 13 for information about what to do with these reports.
If your Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member has been off work due to coronavirus see Q&A 16 and following for guidance.
After seven days of absence (including non-working days), you can require the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member to give you a note from a healthcare professional; either a A form issued by a doctor to describe the health of a staff member, and to recommend whether they can work fully, partially, or not at all. or an Allied Health Professions Health and Work Report: a report from a medical professional that can be used as evidence of sickness by an employer (http://www.ahpf.org.uk/AHP_Health_and_Work_Report.htm) . Before this, the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member can self-certify (see Q&A 12).
In a A form issued by a doctor to describe the health of a staff member, and to recommend whether they can work fully, partially, or not at all. or Allied Health Professions Health and Work Report: a report from a medical professional that can be used as evidence of sickness by an employer (http://www.ahpf.org.uk/AHP_Health_and_Work_Report.htm) , the healthcare professional will advise whether the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member is unfit for work in general, or possibly fit for just some aspects of work. Where they state the latter, they will often specify how you can facilitate the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member's return to work more quickly (eg by decreasing their working hours temporarily, or reducing strenuous duties). You should conduct a return-to-work interview when the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member returns to work, to check that they are well enough to be back at work, discuss any recommendations set out in the A form issued by a doctor to describe the health of a staff member, and to recommend whether they can work fully, partially, or not at all. or Allied Health Professions Health and Work Report: a report from a medical professional that can be used as evidence of sickness by an employer (http://www.ahpf.org.uk/AHP_Health_and_Work_Report.htm) and come to an arrangement about how to facilitate them until they have recovered; see Q&A 18 for further information about conducting a return-to-work interview.
Note that it is also open to you to request that the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member submits to a more thorough medical examination in certain circumstances; this is likely to be most relevant to Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. who are on long-term sick leave. See Q&A 44 for further information about this.
Where you are storing any records relating to a Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member's health, you must bear in mind that it is Also known as special category data. Personal data which is particularly sensitive in terms of the impact it could have on the rights and freedoms of individuals. It includes personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a person, data concerning health or data concerning a person's sex life or sexual orientation. and has special requirements relating to it. For further information about this, see Records and staff data.
Since 1 July 2022, the categories of healthcare professionals who can sign fit notes has broadened considerably. Previously, only doctors could sign people off work. Now, nurses, occupational therapists, pharmacists and physiotherapists can also sign fit notes. The idea is to try to lighten doctors' workloads a little, whilst making it easier for people to get a A form issued by a doctor to describe the health of a staff member, and to recommend whether they can work fully, partially, or not at all. without necessarily having to book an appointment with their GP.
Strictly speaking, since 6 April 2022 there has been no need for an actual ink signature on a A form issued by a doctor to describe the health of a staff member, and to recommend whether they can work fully, partially, or not at all. – the relevant healthcare professional need only include their name and profession for it to be valid. This means fit notes can be provided digitally, eg by email or SMS.
Your Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member is only obliged to provide you with a A form issued by a doctor to describe the health of a staff member, and to recommend whether they can work fully, partially, or not at all. or Allied Health Professions Health and Work Report: a report from a medical professional that can be used as evidence of sickness by an employer (http://www.ahpf.org.uk/AHP_Health_and_Work_Report.htm) after seven days of absence (including non-working days). Before this, the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member can self-certify (see Q&A 12).
If a Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member fails or refuses to obtain a A form issued by a doctor to describe the health of a staff member, and to recommend whether they can work fully, partially, or not at all. or Allied Health Professions Health and Work Report: a report from a medical professional that can be used as evidence of sickness by an employer (http://www.ahpf.org.uk/AHP_Health_and_Work_Report.htm) after taking sickness absence for more than a week, you can consider treating this as a disciplinary matter (if the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member has no good reason for this failure). For more information, see Taking disciplinary action and for a template disciplinary procedure, see Staff handbook and policies.
Dealing with Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. who you suspect are not actually sick can be difficult, particularly because Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. who take seven days or less off work for sickness are not required to provide any medical evidence to prove it (see Q&A 12 for further information about this).
If you suspect that a Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member is taking sickness absence when they are not actually sick, you should try to speak to them to discuss their condition (you can make it a requirement that Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. call rather than text or email you to report all sickness absences to try to ensure this happens; see Q&A 9 for further information about this). Do not withhold their Payment made by an employer to a staff member during the staff member's time off work due to illness or disability. – you will almost certainly be The act of violating a legal or moral obligation.their contract and they may be entitled to quit and claim Where an employee has resigned because his employment contract has been seriously breached, he can regard himself as having been dismissed..
For absences of under a week, you are likely to have to take the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member's word for it that they are ill, unless you have definitive proof that they are not, such as seeing them doing something that would contradict their claims. However, note that a sick Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member is not necessarily required to stay at home throughout their period of sickness; travelling to see a doctor, going to a hospital, seeing a relative for care, or even taking a one-day break away to deal with stress can all be legitimate.
For absences of over a week, you can ask for evidence of the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member's sickness and the healthcare professional will usually make recommendations about their capacity to work; see Q&A 13 for further information about this.
If it is clear that a member of Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. has taken illegitimate sick leave, this can be treated as a disciplinary issue. Dishonesty may be grounds for dismissal, provided that you have a reasonable belief (or better, evidence) that they actually were lying about being sick, but before dismissing an An individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. for dishonesty, you must usually give them a chance to defend themselves and conduct sufficient investigations into the incident. See Taking disciplinary action for further information about this.
If a member of Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. is off work for a short, isolated absence of a few days, there is usually no need to carry out any sort of formal meeting or process when they return, unless the absence is one of a series of frequent absences and you are concerned about this; see Q&A 20 for further information about how to deal with frequent absences.
For longer periods of sickness absence of a week or more, it is good practice to conduct a return-to-work interview with the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member upon their return ; see Q&A 19 for information.
For longer periods of sickness absence of a week or more, it is good practice to conduct a return-to-work interview with the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member upon their return .
At this meeting you should do the following:
Check the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member is well enough to be back at work, welcome them back and explain any developments that have taken place in their absence.
If the member of Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. has a A form issued by a doctor to describe the health of a staff member, and to recommend whether they can work fully, partially, or not at all. or an Allied Health Professions Health and Work Report: a report from a medical professional that can be used as evidence of sickness by an employer (http://www.ahpf.org.uk/AHP_Health_and_Work_Report.htm) from a healthcare professional discuss this with them. If it says that the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member is only fit to do some work, discuss with them any changes that need to be made to accommodate this. This may include changing their working hours so that they have a A process where a member of staff who has been off sick long-term returns to work gradually, increasing their duties and/or working hours over time., not obliging them to carry out any duties that would involve heavy lifting or other manual labour or altering their equipment or workplace environment to accommodate an injury. See Q&A 13 for further information about obtaining fit notes or AHP Reports.
If appropriate, discuss whether the reason for the sickness was work-related (such as stress caused as a result of work) and whether there is anything you can do to address the underlying causes of this. If it transpires that the reason relates to something like bullying or working environment or culture, you may need to treat this as a A concern, problem or complaint which a member of staff raises with his employer.; see Handling grievances for further information about this.
All such meetings, no matter how brief and informal, should be kept confidential. It is good practice to keep a note of what was discussed, but you must bear in mind that any records relating to a Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member's health is Also known as special category data. Personal data which is particularly sensitive in terms of the impact it could have on the rights and freedoms of individuals. It includes personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a person, data concerning health or data concerning a person's sex life or sexual orientation. and has special requirements relating to it. For further information about this, see Records and staff data.
Frequent short-term sickness absence can be a problem, especially if you have a small workforce. Even if the sickness is genuine, there can come a point at which you can say that enough is enough and take steps to dismiss the member of Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer., if the absences have become commercially damaging for your business.
However, there are often things you can do to improve the situation and in any event, it is important that you can show that you did what you could to resolve the issue before taking more drastic action. This is particularly important if you are dealing with an An individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. who has been How long a person has been employed without a break lasting at least a week. Time off work whilst still employed (eg annual leave, sick leave etc) does not count as a break. for two years or more, as failure to follow a fair process before dismissing could result in a claim for When an employee is dismissed without good reason or without following the proper procedure. Tribunal awards for unfair dismissal are up to one year's gross pay, currently capped at £93,878..
Note that you need to have a separate and careful process for dealing with Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. who are pregnant (see Pregnant staff) or have a A physical or mental impairment which has a substantial or long-term effect on a person’s ability to carry out normal day to day activities. (see Q&A 47 and following and List of common disabilities for a list of common disabilities).
Appropriate steps to take are as follows:
Monitor the absences
You should monitor and keep a record of the amount and timing of sick leave taken by each Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member to keep track of how much is being taken and when.
What counts as sufficiently frequent sickness absence to be a problem is for you to decide; a recent study conducted by the Chartered Institute of Personnel and Development found that the average sick leave taken each year is 7 working days per Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member. It can help to have a sickness absence policy which specifies that such a meeting will take place after a certain number or level of absences, in order to ensure consistency and avoid a member of Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. feeling that they have been singled out; see HR policies for further information about setting such a policy and Staff handbook and policies for a template you can use.
Note that it is very important all records you keep are stored in accordance with your The area of law which deals with the way in which data can be handled. obligations. Records relating to a Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member's health are Also known as special category data. Personal data which is particularly sensitive in terms of the impact it could have on the rights and freedoms of individuals. It includes personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a person, data concerning health or data concerning a person's sex life or sexual orientation. and have special requirements relating to them. For further information about this, see Records and staff data.
Discuss the issue with the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member and consider solutions
If you notice that a Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member is taking frequent sick leave, then you should arrange a private meeting with them to discuss the matter; see Q&A 21 for information.
Consider disciplinary action
You are entitled to take into account the impact of a Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member's frequent absences on the rest of your Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. and on your business as a whole. Even where the absences are a result of genuine ill health if, despite taking the steps set out above, the absences continue and are disruptive, you are likely to be justified in treating them as a disciplinary matter and potentially as a sufficient reason to dismiss the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member.
In this case you should notify the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member in writing and arrange a formal disciplinary meeting (see Invitation to attend meeting to discuss sickness absence for a template letter you can use). For more information about conducting an effective disciplinary process, including specifically in the context of sickness absence, see Taking disciplinary action, and for a template disciplinary procedure, see Staff handbook and policies.
If you notice that a Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member is taking frequent sick leave you should arrange a private meeting with them to discuss the matter. See Invitation to attend meeting to discuss sickness absence for a template you can use. (Note that there are separate considerations where the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member is pregnant; see Pregnant staff). It is not appropriate to have a set level of absence that automatically triggers your disciplinary process; you should always review the situation of the individual An individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. first.
At the meeting you should explain your concerns, using the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member's attendance record as evidence in support.
You should seek to establish whether there are any underlying issues which might explain the absences, including long-term health issues or a A physical or mental impairment which has a substantial or long-term effect on a person’s ability to carry out normal day to day activities., difficulties at home or problems at work. If there is a potential underlying medical condition, consider requesting that your Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member sees their doctor or an occupational health service. See Q&A 24 for further information about the rules around this.
You should explore with the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member whether there are any steps that can be taken to improve the situation, such as allowing them flexibility in their working hours to attend medical appointments. If there is a problem at work (eg stress, difficult working environment, poor management) consider making appropriate adjustments to remedy the issue, such as a change of team or line manager. See Sickness absence meeting - outcome letter for a letter you can send after the meeting to confirm any points discussed.
Note that if the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member's absence is as a result of an underlying A physical or mental impairment which has a substantial or long-term effect on a person’s ability to carry out normal day to day activities., you must consider making adjustments in order to allow them to continue working; see Q&A 47 and following for further information about what counts as a A physical or mental impairment which has a substantial or long-term effect on a person’s ability to carry out normal day to day activities. and what sort of adjustments you might need to put in place.
Yes, your Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member will continue to accrue their full Paid time off work to which members of staff are entitled each year, also known as holiday leave. entitlement whilst on sick leave.
Where this leave cannot be taken in the relevant The period in which a staff member must take his annual holiday leave. because of the member of Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer.'s absence, you are required to allow them to roll it over so that it can be used in the subsequent year. For more information about this, see Dealing with annual leave.
If a Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member falls ill shortly before a planned holiday and remains so during that period, or if they fall ill during their Paid time off work to which members of staff are entitled each year, also known as holiday leave. period, they will automatically become entitled to sick leave instead and you must permit them to rearrange the remainder of their Paid time off work to which members of staff are entitled each year, also known as holiday leave. for later that year; you cannot force them to take Paid time off work to which members of staff are entitled each year, also known as holiday leave. instead of sick leave.
If this means they cannot take their full Paid time off work to which members of staff are entitled each year, also known as holiday leave. entitlement for that year, you must permit them to carry it over into the following year. For more information about this, see Dealing with annual leave.
Despite this, a Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member may choose to take Paid time off work to which members of staff are entitled each year, also known as holiday leave. even when they are sick, particularly if you do not offer an enhanced Payment made by an employer to a staff member during the staff member's time off work due to illness or disability. policy and they are only entitled to A sum of money that certain members of staff are entitled to if they cannot work because of sickness. (Statutory sick pay: A sum of money that certain members of staff are entitled to if they cannot work because of sickness.). There is nothing to stop them doing this.
Whilst you can require your Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. to obtain a A form issued by a doctor to describe the health of a staff member, and to recommend whether they can work fully, partially, or not at all. or an Allied Health Professions Health and Work Report: a report from a medical professional that can be used as evidence of sickness by an employer (http://www.ahpf.org.uk/AHP_Health_and_Work_Report.htm) after seven days of absence (see Q&A 13), you may wish them to undergo a more thorough medical examination in certain circumstances, in order to better understand their prognosis and your options in relation to their employment; this may also be a requirement of any insurance policy you have in place to cover your Payment made by an employer to a staff member during the staff member's time off work due to illness or disability. obligations. This is likely to be particularly relevant where a Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member is on long-term sick leave (see Q&A 44 for further information about handling Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. on long-term sick leave).
Whether or not you can legitimately require a medical examination and report depends on various factors and you should consider the following:
Under The area of law which deals with the way in which data can be handled. law, you are only allowed to collect Any information about an identifiable, living person. Information which cannot be used to identify someone on its own will still be personal data if it can be used in combination with other information to identify that individual. that is necessary and justified for the situation, so you should consider carefully why you need the information, what you are going to do with it and therefore whether you are justified in collecting it.
You may make it a condition of your Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member's A contract between employer and employee which sets out the rights and responsibilities of both. that they submit to a medical examination in certain circumstances. However, even if this is the case, you will still need to write to your Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member and obtain their consent to the examination, explaining what it is for and what you intend to do with the information requested, with details of any specific tests you wish to be carried out.
Ultimately, you cannot force a Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member to attend a medical examination. However, if they refuse to do so, Advisory, Conciliation and Arbitration Service. A free service providing information and advice on workplace relations and employment law to both employers and employees. recommends that you explain to them that you will have to make decisions about their employment based only on the information you have available. It will be better for them if you can make an informed decision with all the relevant information, including medical reports.
See Q&A 25 for information about who should conduct the examination.
This question relates to specific medical examinations that you have asked your Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member to undertake; for information about fit notes and AHP reports, see Q&A 13.
You will need to consider who would be best placed to provide a useful medical report. If you discover that your Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member has a particular condition, it may be more appropriate to ask for a report from a specialist rather than their GP. The specialist will be better placed to advise on whether there are any reasonable adjustments you can make to accommodate the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member's return to work.
However, when making a decision about who to seek a report from, you must bear in mind that there is a difference in process depending on whether you obtain a report from a healthcare professional who has previously treated the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member (such as their GP or your A private company limited by shares incorporated and registered in England and Wales. doctor, if they have treated the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member before) (see Q&A 26) or a practitioner unknown to them (see Q&A 27).
If you wish to obtain a medical report from somebody who has previously treated the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member, bear in mind that the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member has the right to inspect the report before you see it. Having inspected it, they need to give their consent before it can be sent on to you.
Before giving this consent, if they wish, they can ask the practitioner to amend any parts of the report they consider to be incorrect or misleading, and the practitioner must either make these amendments (if they agree with them) or attach to the report a statement of the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member's views if they do not agree to make the amendments and the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member requests this.
You should follow this process:
Request consent from your Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member. You must inform the individual of all of their rights set out above when seeking their consent.
For a template letter you can use, see Letter to staff member requesting consent to medical report.
Once you have the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member's consent, write to the medical professional. It is important that you make the medical practitioner aware of the reasons for requesting the medical examination and report on your Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member (ie because you are considering their future employment prospects). You might ask for a medical statement explaining the nature of the illness, the recovery times, what steps you as the A person or business hiring one or more staff members. can take to facilitate recovery and return to work and what the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member can or cannot do.
If the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member has informed you that they wish to have access to the report before it is given to you, you must notify the medical practitioner when you apply for the report and, at the same time, notify the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member that you have written to the medical practitioner.
For a template letter you can use to send to the medical professional, see Letter to medical professional requesting medical report.
If you request a medical report from a practitioner who has not previously been involved in your Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member's healthcare, the process is much simpler than when you ask for a report from someone who has (see Q&A 26). You will simply need to gain your Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member's consent to the examination; they do not have any rights to inspect the report thereafter.
You should follow this process:
Request consent from your Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member.
For a template letter you can use, see Letter to staff member requesting consent to medical report.
Once you have the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member's consent, write to the medical professional. It is important that you make the medical practitioner aware of the reasons for requesting the medical examination and report on your Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member (ie because you are considering their future employment prospects). You might ask for a medical statement explaining the nature of the illness, the recovery times, what steps you as the A person or business hiring one or more staff members. can take to facilitate recovery and return to work and what the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member can or cannot do.
For a template letter you can use to send to the medical professional, see Letter to medical professional requesting medical report.
In addition to setting policies and procedures to follow in the event of sickness absence taking place, it is obviously in your interests to do what you can to prevent it in the first place. To this end, you should consider the following:
Actively managing the workplace to ensure it is safe, secure, and healthy. For further information about health and safety requirements, see Providing a safe and healthy workplace.
Where feasible and financially viable, consider offering health related benefits to your Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. such as private medical insurance, on-site exercise facilities or subsidised gym membership.
Where possible, take a flexible approach to Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. working arrangements, including formal requests for A working arrangement which is different to the normal working pattern. For example, it might involve working fewer or different hours, or working from home on certain days. (which all eligible Individuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. have a right to request), as well as ad-hoc requests such as requests to work from home, provided your business can accommodate this. For further information regarding A working arrangement which is different to the normal working pattern. For example, it might involve working fewer or different hours, or working from home on certain days. , see Flexible working requests.
You should monitor sickness absence by keeping absence records for Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members. This will allow you to see how many working days are being lost, whether there are any absence patterns, and whether there is an underlying cause for any absences. See Records and staff data for information about your The area of law which deals with the way in which data can be handled. obligations when keeping Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. records.
Following the introduction of the Employment Rights Bill to Parliament on 10 October 2024, this area of law is being considered for reform (see our blog explaining the Bill here). Any reforms are unlikely to take effect before 2026. Under the Bill, A sum of money that certain members of staff are entitled to if they cannot work because of sickness. would be paid from the first day of sickness (currently it is only paid from day four of sickness). The lower earnings limit would also be removed.
If you have an enhanced Payment made by an employer to a staff member during the staff member's time off work due to illness or disability. regime, such as paying Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. their normal rate of pay for a set number of days that they are off work sick, you must pay Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. in accordance with this policy. See HR policies for further information about setting such a policy and Staff handbook and policies for a template you can use.
If you do not have such a policy, a member of Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. will be entitled to Statutory sick pay: A sum of money that certain members of staff are entitled to if they cannot work because of sickness. during a period of sickness absence if they are an An individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work., a A person hired to work on an as required basis, sometimes known as a seasonal worker., an A person who is taken on to learn a trade or skill. A modern arrangement involves an apprentice, an employer and a training provider such as a college. or an Staff supplied by a recruitment agency to work for a business under a contract made between the agency and the business. , provided they meet certain criteria; see Q&A 31 for what these are.
A member of Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. will be entitled to Statutory sick pay: A sum of money that certain members of staff are entitled to if they cannot work because of sickness. during a period of sickness absence if they are an An individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work., a A person hired to work on an as required basis, sometimes known as a seasonal worker., an A person who is taken on to learn a trade or skill. A modern arrangement involves an apprentice, an employer and a training provider such as a college. or an Staff supplied by a recruitment agency to work for a business under a contract made between the agency and the business. , provided they have earned at least £125 (before tax) per week over the eight weeks before you last paid them (note that where the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member has not yet worked for you for eight weeks, this is worked out slightly differently).
However, they only get Payment made by an employer to a staff member during the staff member's time off work due to illness or disability. after they have been ill for four or more days in a row, including days off, weekends and bank holidays; see Q&A 32 for more information.
In order to be eligible for Statutory sick pay: A sum of money that certain members of staff are entitled to if they cannot work because of sickness., the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member must notify you of their sickness. For absences of seven days and over, you can also ask your Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member to provide a A form issued by a doctor to describe the health of a staff member, and to recommend whether they can work fully, partially, or not at all. from a healthcare professional or an Allied Health Professions Health and Work Report: a report from a medical professional that can be used as evidence of sickness by an employer (http://www.ahpf.org.uk/AHP_Health_and_Work_Report.htm) . See Q&A 12 and following for information on the notification requirements.
See Q&A 39 for information about what to do if your Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member doesn't qualify for A sum of money that certain members of staff are entitled to if they cannot work because of sickness..
In many circumstances, no; eligible Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. (see Q&A 31) only get Payment made by an employer to a staff member during the staff member's time off work due to illness or disability. after they have been ill for four or more days in a row, including days off, weekends and bank holidays.
Statutory sick pay: A sum of money that certain members of staff are entitled to if they cannot work because of sickness. is payable from the fourth working day of sickness onwards, so the first three working days of sickness will be unpaid. For a full-time Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member, payment might therefore start on the fourth day of their illness, but for part-time Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. it may only start the following week or even later, where the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member only works one or two days per week.
However, there is an exception to this rule:
If a Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member has a second period of illness which begins within eight weeks of the first and lasts for at least four days (including non-working days), the two periods are treated as one. The significance of this is that Statutory sick pay: A sum of money that certain members of staff are entitled to if they cannot work because of sickness. becomes payable immediately on the first day of the second period of illness.
There is no limit on how many periods of sickness can be linked in this way, so long as there are at least eight weeks between each period and each is over four days. However, you will no longer have to pay your Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member Statutory sick pay: A sum of money that certain members of staff are entitled to if they cannot work because of sickness. once they have reached the maximum entitlement to Statutory sick pay: A sum of money that certain members of staff are entitled to if they cannot work because of sickness. (ie 28 weeks' worth of Statutory sick pay: A sum of money that certain members of staff are entitled to if they cannot work because of sickness.) over a maximum period of three years.
It depends.
If your Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member is absent from work because they are unwell with coronavirus and they are otherwise eligible for Statutory sick pay: A sum of money that certain members of staff are entitled to if they cannot work because of sickness. (see Q&A 31), you must pay them Statutory sick pay: A sum of money that certain members of staff are entitled to if they cannot work because of sickness. in the usual way. Bear in mind that Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. must be off work for more than four consecutive days (including non-working days, weekends and bank holidays) to be eligible for Statutory sick pay: A sum of money that certain members of staff are entitled to if they cannot work because of sickness..
The legal requirement for individuals to self-isolate has ended and Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. who are just self-isolating at home are no longer eligible for Statutory sick pay: A sum of money that certain members of staff are entitled to if they cannot work because of sickness. (unless they are otherwise unwell).
It depends on your policy.
If your Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member is unable to work because they are unwell with coronavirus and you have an enhanced Payment made by an employer to a staff member during the staff member's time off work due to illness or disability. policy, you should act in accordance with that policy.
If your Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member is not unwell, but is required to self-isolate or shield and cannot work from home, whether you should apply your enhanced Payment made by an employer to a staff member during the staff member's time off work due to illness or disability. policy will depend on what your policy says. Bear in mind that individuals are no longer legally required to self-isolate, and formal Government shielding guidance has ended.
The current rate of Statutory sick pay: A sum of money that certain members of staff are entitled to if they cannot work because of sickness. is £118.75. regardless of whether your Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member works full-time or part-time. If you need to work out a daily rate (eg because your Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member returns to work part way through the week), you should divide the weekly rate of Statutory sick pay: A sum of money that certain members of staff are entitled to if they cannot work because of sickness. by the number of days per week your Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member is contracted to work. Full guidance on how to calculate Statutory sick pay: A sum of money that certain members of staff are entitled to if they cannot work because of sickness. is outside the scope of this service, and the simplest way to work out how much you are obliged to pay is to use the government’s statutory sick pay calculator.
The maximum amount of Statutory sick pay: A sum of money that certain members of staff are entitled to if they cannot work because of sickness. a member of Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. may be entitled to is 28 weeks' worth.
The maximum amount of Statutory sick pay: A sum of money that certain members of staff are entitled to if they cannot work because of sickness. a member of Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. may be entitled to is 28 weeks' worth over a maximum period of three years. See Q&A 32 for information about how periods of sickness absence can be linked.
You must give your Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member Form SSP1 if they are approaching the maximum entitlement for Statutory sick pay: A sum of money that certain members of staff are entitled to if they cannot work because of sickness. and you know that they will still be sick after their entitlement ends. You must give them the form 42 days before their entitlement to Statutory sick pay: A sum of money that certain members of staff are entitled to if they cannot work because of sickness. is due to run out
Where a Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member is not entitled to Statutory sick pay: A sum of money that certain members of staff are entitled to if they cannot work because of sickness. but still asks you to pay it, you must fill in Form SSP1 and give it to the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member within seven days of receiving their request. This will help them claim any benefits they are entitled to. In addition, you must give your Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member Form SSP1 if they are approaching the maximum entitlement for Statutory sick pay: A sum of money that certain members of staff are entitled to if they cannot work because of sickness. and you know that they will still be sick after their entitlement ends. You must give them the form 42 days before their entitlement to Statutory sick pay: A sum of money that certain members of staff are entitled to if they cannot work because of sickness. is due to run out.
Staff supplied by a recruitment agency to work for a business under a contract made between the agency and the business. are legally entitled to be paid Statutory sick pay: A sum of money that certain members of staff are entitled to if they cannot work because of sickness. during a period of sickness absence, provided they meet certain criteria. It will usually be the responsibility of the agency to pay the Statutory sick pay: A sum of money that certain members of staff are entitled to if they cannot work because of sickness. since in most cases you will have a contract with the agency and the agency will employ the member of Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer.. Check your contract with the agency to see what your rights and obligations are if the Staff supplied by a recruitment agency to work for a business under a contract made between the agency and the business. is sick.
No; self-employed People, in business for themselves, who provide services to others. They may be individuals simply working under their own names, or may offer services through companies or partnerships. Sometimes known as consultants or independent contractors. are not entitled to Statutory sick pay: A sum of money that certain members of staff are entitled to if they cannot work because of sickness.. How you deal with a situation when such Staff members who have an obligation to do their work personally for someone who is not their client or customer. are sick will depend upon the contract you have with them.
See Freelancers (self-employed staff) for more information about the practicalities of using People, in business for themselves, who provide services to others. They may be individuals simply working under their own names, or may offer services through companies or partnerships. Sometimes known as consultants or independent contractors. .
Yes; Statutory sick pay: A sum of money that certain members of staff are entitled to if they cannot work because of sickness. should be paid in the usual way, on the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member's pay day, via your normal payroll process.
Payment made by an employer to a staff member during the staff member's time off work due to illness or disability. is subject to normal deductions for Tax deductible on an individual's income. Not all income is taxable, as individuals have an annual personal allowance which is the amount they are allowed to earn before they are eligible to be taxed, and they may also benefit from other allowances and relief. The amount left is referred to as taxable income. and Compulsory payments which must be made by both employers and workers for the worker to qualify for certain benefits, like state pensions.. You should record Statutory sick pay: A sum of money that certain members of staff are entitled to if they cannot work because of sickness. payments as part of your general payroll record-keeping duties.
Not usually; there is no means of recovering Statutory sick pay: A sum of money that certain members of staff are entitled to if they cannot work because of sickness. from the government, so you shoulder the full amount of any Statutory sick pay: A sum of money that certain members of staff are entitled to if they cannot work because of sickness. payable to a sick Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member.
To help reduce the unexpected costs of a Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member being off work sick (particularly where it is necessary to hire somebody else to cover), you may wish to consider taking out Payment made by an employer to a staff member during the staff member's time off work due to illness or disability. insurance.
Dealing with long-term sickness absence can be difficult for any business; losing a Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member for a long period can increase workloads on other Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer., and hiring a temporary replacement can be expensive. Clearly, a period of long-term sickness is also likely to be a difficult time in the life of the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member in question. You must do what you can to support the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member, and if possible facilitate a return to work. There may come a point at which your obligations end and you can dismiss the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member, but this should be viewed as a last resort.
Note that if the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member has a A physical or mental impairment which has a substantial or long-term effect on a person’s ability to carry out normal day to day activities. then you are under a duty to consider making adjustments to their working conditions in order to allow them to do their job; see Q&A 47 and following for further information about dealing with Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members with disabilities.
When a Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member has been off work for a period of time and this looks set to continue, you should ensure you take the following steps.
Keep in regular contact with the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member to keep them updated in relation to matters such as Payment made by an employer to a staff member during the staff member's time off work due to illness or disability. entitlements (see Q&A 38) and any developments in the A private company limited by shares incorporated and registered in England and Wales. which may affect them. However, do not overload your Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member. They may need space to recover, especially if the illness or injury was work-related. Ask for their preferred method of communication while they are on sick leave; if this requires you to visit them at home, you should arrange a meeting time with them in advance and confirm who will attend.
Do what you can to understand the medical diagnosis and outlook of the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member. You are entitled to request a A form issued by a doctor to describe the health of a staff member, and to recommend whether they can work fully, partially, or not at all. from a healthcare professional or an Allied Health Professions Health and Work Report: a report from a medical professional that can be used as evidence of sickness by an employer (http://www.ahpf.org.uk/AHP_Health_and_Work_Report.htm) after seven days of absence (see Q&A 12); however, you may wish to obtain more detailed information, and may ask them to submit to a medical examination. See Q&A 24 and following for information about when you can request this and the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member's rights to agree or refuse.
Once you know the nature and extent of the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member's condition, arrange a call or meeting to discuss the situation . Subject to medical advice, consider drawing up a personalised return to work programme based on the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member's medical records or recommendations. See Invitation to attend meeting to discuss sickness absence and Sickness absence meeting - outcome letter for letters you can use to arrange a meeting and follow up afterwards.
If the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member cannot perform the role they did before, you may need to consider whether any suitable alternative work is available which the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member could still undertake. However, you are not required to create a special job where one does not already exist.
'Long COVID', otherwise known as 'post COVID-19 syndrome' or 'long-tail COVID' can cause individuals to experience symptoms for weeks or months after their initial infection with COVID-19.
When someone is off sick because they are experiencing symptoms of long COVID, you should apply your usual sickness absence policy, including paying them enhanced Payment made by an employer to a staff member during the staff member's time off work due to illness or disability. (if you offer it) or Statutory sick pay: A sum of money that certain members of staff are entitled to if they cannot work because of sickness. (if they are eligible). See Q&A 31 for guidance about eligibility for Statutory sick pay: A sum of money that certain members of staff are entitled to if they cannot work because of sickness.. You should bear in mind that symptoms of long COVID can be intermittent, which means that although your Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. may be able to return to work initially, their symptoms may subsequently flare up again, requiring them to take further sick leave.
In addition to the considerations set out in Q&A 44 for dealing with Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members on long-term sick leave, Advisory, Conciliation and Arbitration Service. A free service providing information and advice on workplace relations and employment law to both employers and employees. recommends that A people or businesses hiring one or more staff members. ensure that cover is provided for the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member's work and consider what reasonable adjustments can be made to facilitate their return to work, when they feel able to do so (eg by agreeing a phased return). Remember that although Advisory, Conciliation and Arbitration Service. A free service providing information and advice on workplace relations and employment law to both employers and employees.' guidance constitutes best practice rather than a legal obligation, if your Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member's illness constitutes a A physical or mental impairment which has a substantial or long-term effect on a person’s ability to carry out normal day to day activities., you will be legally required to make such reasonable adjustments to accommodate them (see Q&A 48).
Finally, when dealing with Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members with long COVID, be aware of the risk of Treating someone differently directly or indirectly because of their age, disability, gender reassignment, marriage or civil partnership status, being pregnant and/or being on maternity leave, race, religion or belief, sex or sexual orientation.; according to Advisory, Conciliation and Arbitration Service. A free service providing information and advice on workplace relations and employment law to both employers and employees., long COVID is more prevalent in women, ethnic minorities and the elderly. Depending on its effects on the individual concerned, long COVID can also amount to a A physical or mental impairment which has a substantial or long-term effect on a person’s ability to carry out normal day to day activities.. Treating someone differently directly or indirectly because of their age, disability, gender reassignment, marriage or civil partnership status, being pregnant and/or being on maternity leave, race, religion or belief, sex or sexual orientation. occurs when a Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member is treated less favourably because of a Age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex or sexual orientation. (eg their age, sex, race or A physical or mental impairment which has a substantial or long-term effect on a person’s ability to carry out normal day to day activities.). For further guidance about Treating someone differently directly or indirectly because of their age, disability, gender reassignment, marriage or civil partnership status, being pregnant and/or being on maternity leave, race, religion or belief, sex or sexual orientation., see Specific types of grievance.
You must do what you can to support the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member, and if possible facilitate a return to work; see Q&A 44 for steps to take.
If, having taken these steps, it is clear that a return to work is not possible, you will need to consider whether you can wait for the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member to return and if so, for how long. There are no rules setting out exactly how long you should wait; it will depend on the circumstances of each individual case. If it appears likely that the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member's health problems are likely to improve, then it is important to allow a reasonable amount of time to see if they do improve before thinking about dismissing them. If this is not certain or is likely to be a long way off, there will come a point when you are entitled to some finality so that you can make concrete plans for the future. Note that if the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member sustained the health problem at work, you should typically allow longer for their condition to improve.
You are entitled to take into account how severely the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member's continued absence is affecting the business. You are not expected to put up with severe disruption for a long period of time; you may, for example, need to hire somebody to replace the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member so that the business can continue to function as normal.
If dismissing your Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member looks to be the only option, you must first consider the following:
Whether they could be medically retired under any pension scheme you have (since in some cases the pension scheme will offer enhanced payouts to Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. who retire in this way).
Note that whilst it may be possible for a Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member on long-term sick leave who is nearing retirement age to retire early, you cannot require them to do so. You must take care in suggesting this if the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member themselves do not raise it due to the potential risk of A physical or mental impairment which has a substantial or long-term effect on a person’s ability to carry out normal day to day activities. or age Treating someone differently directly or indirectly because of their age, disability, gender reassignment, marriage or civil partnership status, being pregnant and/or being on maternity leave, race, religion or belief, sex or sexual orientation.; for further information, see Planning retirement.
If the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member is entitled to permanent health insurance through your business, whether the scheme requires the An individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. to remain in employment in order to qualify. If this is the case you should take specific legal advice before you dismiss your An individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. as there could be an obligation for you to keep them on your books (and not dismiss them) so they can continue to receive these payments. If you don't do this, there is a possibility that your An individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. could bring a claim against you for all the benefits they should have received under the scheme. For access to a specialist lawyer in a few simple steps, you can use our Ask a Lawyer service.
For further information about the process you need to follow when dismissing Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer., see Process for dismissing an employee.
A A physical or mental impairment which has a substantial or long-term effect on a person’s ability to carry out normal day to day activities. Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member is one who has a physical or mental impairment which has a substantial or long-term effect on their ability to carry out normal day to day activities. Some conditions are automatically considered to be disabilities (namely, cancer, HIV infection, multiple sclerosis as well as blindness and other sight impairments). Mental health issues such as depression can also count as disabilities in some circumstances, as can symptoms of the menopause and long COVID, although addictions such as alcoholism are not disabilities. For a list of conditions that are commonly regarded as disabilities, see List of common disabilities.
You can seek medical advice or the advice of an occupational health adviser to help you determine whether a Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member is A physical or mental impairment which has a substantial or long-term effect on a person’s ability to carry out normal day to day activities.. However, you cannot simply rubber stamp the adviser's opinion; you are the one who must make the judgement as to whether the individual is A physical or mental impairment which has a substantial or long-term effect on a person’s ability to carry out normal day to day activities., on the basis of all the facts and advice available.
You are required by law to make reasonable adjustments to enable A physical or mental impairment which has a substantial or long-term effect on a person’s ability to carry out normal day to day activities. Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members to continue working for you or return to work following a period of absence. This includes making reasonable changes to your physical working areas, policies or procedures (eg allowing them to work from home) and also providing auxiliary aids to A physical or mental impairment which has a substantial or long-term effect on a person’s ability to carry out normal day to day activities. Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members where necessary (for example, an adapted keyboard for someone who has arthritis). You should ask the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member what adjustments they feel would assist their continued working or return to work. An occupational health or doctor's report, A form issued by a doctor to describe the health of a staff member, and to recommend whether they can work fully, partially, or not at all. or Allied Health Professions Health and Work Report: a report from a medical professional that can be used as evidence of sickness by an employer (http://www.ahpf.org.uk/AHP_Health_and_Work_Report.htm) may also offer suggestions on what adjustments can be made; see Q&A 12 and following for further information about obtaining evidence of sickness during a sickness absence and Q&A 24 and following for information about obtaining a medical report.
See Q&A 50 for more information about what counts as reasonable.
If you do not make reasonable adjustments where possible, then you risk discriminating against the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member based on their A physical or mental impairment which has a substantial or long-term effect on a person’s ability to carry out normal day to day activities..
You should respond sensitively to Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members who are off work because they are suffering from symptoms related to the menopause or perimenopause, as these symptoms can amount to a A physical or mental impairment which has a substantial or long-term effect on a person’s ability to carry out normal day to day activities.. If you do not accommodate Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. appropriately, you could risk claims of A physical or mental impairment which has a substantial or long-term effect on a person’s ability to carry out normal day to day activities. or sex Treating someone differently directly or indirectly because of their age, disability, gender reassignment, marriage or civil partnership status, being pregnant and/or being on maternity leave, race, religion or belief, sex or sexual orientation. in an A tribunal that deals solely with employment disputes.. It is therefore best practice for you to consider what changes you can make to help to accommodate Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. experiencing menopausal or perimenopausal symptoms. Advisory, Conciliation and Arbitration Service. A free service providing information and advice on workplace relations and employment law to both employers and employees. also recommends that you do not include sickness absences related to such symptoms in your Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members' attendance records.
Bear in mind that certain surgeries can trigger the menopause in women and a trans man may also experience perimenopausal and menopausal symptoms.
What is reasonable depends on the size of your business and the circumstances of the individual. Examples of reasonable adjustments vary widely, ranging from a new chair for a Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member with back pain to reduced performance targets or the provision of a mentor to provide support with work tasks. In considering what adjustments are reasonable, you should consider whether the proposed changes would help the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member overcome their disadvantage, whether the adjustment is practical and affordable, what resources you have to make the adjustment, and whether assistance is available to help you to make the adjustment (although note that the government Access to Work scheme does not cover reasonable adjustments, they may contribute towards other support).
Note that a reasonable adjustment could involve a change to your physical business premises (such as the installation of a ramp); if so, you will need to consider the practicalities of making any such changes, including the need to comply with Legal standards for the design, construction and alteration of buildings in the UK. Failure to comply with building regulations can result in prosecution and a fine. and any obligations you or your landlord may have under your business lease. For further information, see Making alterations for disabled people.
Reasonable adjustments are not often expensive, inconvenient or time consuming to sort out. The action you need to take will of course depend on the needs of the Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member you are supporting, but can be as simple as allowing them to work flexible hours or providing them with better lighting for their main work area. You might consider:
making changes to the person's equipment or workstation, eg changing the layout, providing adapted IT equipment or a more ergonomic desk set up;
making changes to working arrangements, eg allowing more A working arrangement which is different to the normal working pattern. For example, it might involve working fewer or different hours, or working from home on certain days. , permitting more time off for medical appointments or altering the person's role or responsibilities;
providing more support, eg providing information and resources in an accessible format or giving one-to-one support when needed; or
making adjustments to the person's role or responsibilities to reduce the more stressful elements of their day.