Sickness absence management: UK employment law

Essential points

• There is no ‘one’ law covering sickness absence; employers need to understand how contracts of employment can influence how employees are treated when off sick, what the Employment Rights Act 1996 says about dismissing employees because of ‘capability’, and the provisions in the Equality Act 2010 covering disability discrimination. These laws all interact, alongside other legislation which covers specific matters such as Statutory Sick Pay (SSP) and medical records.
• Since 6 April 2026, the Employment Rights Act 2025 has made access to Statutory Sick Pay (SSP) a right from day one of illness. The Lower Earnings Limit (LEL) is also removed. There are transitional provisions in place that cover employees who were already on sick leave on 6 April 2026 - these employees - who are earning a certain amount per week - now receive an uplifted flat rate for that period of entitlement to SSP. For more information on these rates of pay see our statutory rates page.
• Employers need to understand and distinguish between different forms of sickness absence.
  • Authorised absences may include attending medical appointments and sickness absence that is correctly reported by the employee.
  • Authorised sickness absences should be managed in accordance with an organisation's policies on sickness absence.
  • Employers should investigate the causes of unauthorised absences and respond appropriately.
  • Unauthorised absence could be a disciplinary matter.
  • Long-term, or ongoing short term sickness absence could lead to dismissal on capability grounds.
  • Incorrect management of sickness absence or lack of understanding around ‘disability’ could result in disability discrimination claims.
• Employers should also understand when someone might be living with a disability and the extra rules that apply.