Managing long-term sickness absence can be one of the more sensitive and complex areas of people management, with employers balancing operational needs with legal obligations and a duty of care to their employees. It’s crucial to approach it with clarity, consistency, and compassion.

Have a Clear Sickness Absence Policy

While not legally required, a written sickness absence or capability policy is a vital tool. It sets out expectations for both employer and employee and provides a framework for managing absence fairly and consistently.

A good policy should cover:

  • How to report sickness absence
  • Evidence requirements (eg fit notes)
  • Sick pay entitlements (statutory and contractual)
  • Communication expectations during absence
  • The process for return-to-work and review meetings

Even if you do not have a formal policy, you should as a minimum follow the ACAS Guide on Discipline and Grievances at Work, Appendix 4: Dealing with Absence.

Top Tips:

  • Make sure all employees know where to find the policy
  • Review and update the policy regularly to reflect current practice and legal developments
  • Use the policy as a guide but remain flexible where needed
Follow a Fair and Consistent Procedure

Your procedure should be clearly set out in the policy and applied consistently. But consistency doesn’t mean identical treatment in every case – reasonable adjustments may be needed, especially where disability is a factor.

Be sure to include key steps such as:

  • Early and regular communication with the employee
  • Holding welfare meetings to understand the employee’s condition and prognosis
  • Considering medical advice (eg occupational health reports)
  • Exploring adjustments or phased returns where appropriate

Top Tips:

  • Use inclusive, non-judgmental language in all communications
  • Be open to adapting the process to suit individual needs
  • Document any adjustments made and the reasons for them
Keep Detailed and Neutral Records

Accurate record-keeping is essential throughout the process, including:

  • Dates and reasons for absence
  • Notes from meetings and phone calls
  • Copies of correspondence (emails, letters, fit notes)
  • Any steps taken to support the employee’s return to work

These records will be crucial if the situation escalates to formal action or legal proceedings.

Top Tips:

  • Keep records factual and objective – avoid assumptions or emotive language
  • Store records securely and in line with data protection laws
  • Assume that anything written could be disclosed in a tribunal
Requesting Medical Evidence

Understanding the nature of an employee’s illness is key to managing long-term absence effectively. Medical evidence can help clarify the employee’s condition, their ability to return to work, and any adjustments that may be needed.

However, medical evidence requires the employee’s consent. Employers should check the employment contract to see if the employee has already agreed to attend assessments with a company-nominated doctor or occupational health provider.

Types of medical evidence include:

  • GP Records: May offer a general overview but are often redacted and not always helpful for workplace-specific issues
  • GP Letter: A tailored letter from the employee’s GP addressing the specific illness and any recommendations for workplace support
  • Occupational Health Report: Usually the most useful. It provides a workplace-focused assessment, suggests reasonable adjustments and may comment on whether the condition meets the Equality Act definition of disability

If an employee refuses to engage, employers should explain that decisions may need to be made based on the limited information available. Legal advice will help assess whether non-compliance could be a conduct issue.

Top Tips:

  • Always seek written consent before requesting medical evidence
  • Tailor the type of evidence to the situation – occupational health is often the most practical
  • Be transparent with the employee about why the evidence is needed and how it will be used
  • Seek legal advice if the employee refuses to engage
Maintaining Contact During Absence

Striking the right balance in communication is crucial. Too little contact can leave employees feeling isolated; too much can feel intrusive – especially if the illness is work-related.

Employers should aim to:

  • Keep the employee updated on workplace developments
  • Maintain engagement and morale
  • Monitor progress and discuss return-to-work planning

The frequency and method of contact should be agreed early on and tailored to the individual’s needs. In sensitive cases, such as work-related stress, less frequent contact may be more appropriate.

Top Tips:

  • Agree a communication plan early in the process
  • Keep contact supportive, not pressuring
  • Document all interactions to show a fair and consistent approach
Managing Risk and Avoiding Disability Discrimination

A recurring theme in managing sickness absence is the need for a fair, reasonable, and well-documented process. This is especially important where the employee’s condition may amount to a disability under the Equality Act 2010.

Missteps – such as failing to make reasonable adjustments or applying procedures rigidly – can lead to costly tribunal claims. Taking time to get the process right from the start, with legal support where needed, is far more efficient than defending a claim later.

Top Tips:

  • Always consider whether the employee may be disabled under the Equality Act
  • Make and document reasonable adjustments where appropriate
  • Seek legal advice early if you are unsure about next steps
Final Thoughts

Sickness absence can be disruptive and managing it well is vital. A fair, legally compliant, and compassionate approach protects your organisation and fosters a healthier, more resilient workforce. If you’re navigating sickness absence and want to reduce risk while supporting your team, speak to a member of our team today hfemployment@h-f.co.uk

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