Employee Off Sick: What Can an Employer Do?
An employee is off sick, work is piling up and you're unsure what you can ask, what contact is appropriate or when to start a formal process. Sickness absence needs to be managed sensitively, but that does not mean employers must simply wait indefinitely without a plan.
At a Glance: Managing Sickness Absence Fairly
- Proportionate Contact: Welfare check-ins to discuss return dates and support are fully lawful and recommended.
- Fit Note Threshold: Self-certification applies for the first 7 calendar days; medical fit notes apply thereafter.
- Disability Awareness: Underlying health conditions triggering Equality Act 2010 protection require reasonable adjustments.
- Capability vs Misconduct: Genuine illness is a capability matter—never treat it as an automatic disciplinary infraction.
Start with the type of absence
A short absence for a routine illness is different from repeated intermittent absences or a potentially long term health condition. Understand the pattern before choosing an approach. Follow your sickness absence policy consistently while remaining alert to individual circumstances.
Can I contact an employee who is off sick?
Yes, reasonable welfare and absence management contact is generally appropriate. Agree how and when contact will take place where possible. The aim should be to understand likely timescales, discuss support and plan next steps, not pressure someone to return before they are fit.
Sickness Absence Protocol: Self-Certification, Fit Notes, and Welfare Checkpoints
Fit notes and medical information
Employees can self certify for the first seven calendar days of sickness absence; after that, an employer can normally request a fit note. A fit note may indicate that an employee is not fit for work or may be fit for work if certain support is available. Do not assume you are entitled to unrestricted medical records. Health information is sensitive personal data and must be handled lawfully and carefully.
What if the fit note says 'may be fit'?
Consider the recommendations and discuss whether adjustments are practical. These might involve altered hours, amended duties, a phased return or workplace adaptations. If recommended adjustments cannot be accommodated, the employee may need to remain off sick; the fit note is not an instruction to create an unsuitable role.
Can I request occupational health advice?
Often this is a useful step, particularly where absence is prolonged, recurring or linked to a possible disability. Be clear about the questions you need answered, obtain the appropriate consent and consider the report alongside what the employee tells you. Occupational health provides advice; the employer remains responsible for workplace decisions.
What if the employee may be disabled?
The Equality Act 2010 may require reasonable adjustments, and absence management decisions can create discrimination risk. Consider whether disability related absence should be treated differently under a trigger system, whether adjustments could support a return and whether additional medical advice is needed.
Can I hold an absence review meeting?
Yes. Explain the purpose of the meeting, listen to the employee's position, discuss the impact on the business and consider reasonable support. Keep notes and agree a review date. Avoid treating a review meeting as an automatic disciplinary hearing.
Can I dismiss someone for sickness absence?
Sometimes capability dismissal may be lawful, but it should not be a rushed decision. The employer will usually need to consider the medical position, likely return timescale, adjustments, consultation, alternatives and the impact of continued absence. Disability discrimination risk may arise irrespective of length of service.
⚖️ What about sick pay?
Check eligibility for Statutory Sick Pay under the rules in force at the relevant time and any enhanced contractual sick pay. Ensure your policy and payroll practice are consistent. Sick pay and capability decisions are related but separate issues.
How Nectar HR can help
Nectar HR helps employers manage sickness absence policies, welfare meetings, fit note questions, occupational health referrals, return to work arrangements and formal capability procedures.
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Nectar HR helps employers manage sickness absence policies, welfare meetings, fit note questions, occupational health referrals, return to work arrangements and formal capability procedures.
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