What Can Employees And Employers Do When Off Sick In The UK

Employees can be off sick for as long as they're genuinely unfit to work, but Statutory Sick Pay only runs for up to 28 weeks if they qualify. Employers can ask for evidence after 7 calendar days, keep reasonable contact, consider adjustments and, in some cases, manage long-term absence through a fair capability process.

Sickness absence is a normal part of working life. The tricky part for your business is balancing compassion with clear rules: paying the right amount, protecting health information, keeping work covered and avoiding decisions that could be unfair or discriminatory.

What Counts As Being Off Sick In The UK?

An employee is off sick when they're unable to work because of illness, injury or a health condition. The absence might be short-term, such as a few days with flu, or long-term, such as several weeks or months following surgery, burnout, cancer treatment or a serious mental health condition.

UK employment law doesn't set a maximum amount of sick leave an employee can take. Instead, the key rules are about pay, evidence, fair treatment and whether the absence is connected to a disability. Your employment contract, Sickness and Absence Policy and Staff Handbook should then explain the practical steps your staff need to follow.

As an employer, you should make sure employees know:

• Who they must contact when they're sick.
• When they must report their absence, for example before their usual start time.
• What information they need to provide.
• When they need to self-certify or provide a fit note.
• How sick pay, company sick pay and return-to-work meetings work.

Employees also have responsibilities. They should report sickness promptly, provide evidence when required, keep in reasonable contact and cooperate with steps that help your business understand whether and when they can return.

How Much Sick Pay Do Employees Get?

Most eligible employees and workers are entitled to Statutory Sick Pay, often called SSP. SSP is paid by the employer through payroll in the same way as wages. It can be paid for up to 28 weeks for the same period of sickness.

The weekly SSP rate is set by the government and usually changes each April. For the 2026/27 tax year, the SSP rate is 123.25 pounds per week or 80% of the person's average weekly earnings, whichever is lower. Because rates usually change each April, check the current GOV.UK rate or use your payroll software before making payment.

To qualify for SSP, an employee or worker usually needs to:

• Be classed as an employee or eligible worker and have done some work for you.
• Have been sick for at least one full working day, also called a qualifying day.
• Have qualifying days on which they would normally have worked.
• Tell you they're sick within your required timeframe, or within 7 days if you haven't set one.

Eligible employees and workers no longer need to earn a minimum amount to qualify for SSP. However, the amount payable is still capped at 123.25 pounds per week for 2026/27, or 80% of their average weekly earnings if that's lower.

SSP is now paid from the first full working day of sickness absence for eligible employees and workers. It's paid for qualifying days they would normally have worked. SSP rules changed on 6 April 2026, so employers should make sure their payroll settings and sickness policies reflect the first-day payment rule and the removal of the lower earnings limit.

Some businesses offer company sick pay as an extra benefit. If you do, it should be clearly set out in the employment contract, offer letter or staff handbook. Company sick pay can be more generous than SSP, but it shouldn't undermine an employee's statutory minimum entitlement.

Worked Example: Calculating SSP For A Short Absence

Maya works Monday to Friday and is off sick from Monday to Friday with a confirmed illness. She has followed your sickness reporting rules, and her average weekly earnings mean the flat weekly SSP rate applies rather than the 80% rate.

Her absence lasts 5 qualifying days. Under the current rules, SSP is payable from the first full qualifying day. For a 5-day working pattern, the daily SSP rate is 123.25 pounds divided by 5, which is 24.65 pounds. Maya would receive 123.25 pounds SSP for the 5 payable days, subject to normal payroll deductions and any more generous company sick pay entitlement.

If Maya had been off for only 2 full qualifying days, SSP may still be payable for those 2 days, subject to eligibility and the applicable rate calculation. If the flat weekly rate applied, that would be 49.30 pounds for 2 qualifying days. If she had another linked period of sickness within the SSP linking rules, payroll should check the full absence history.

When Do Employees Need A Fit Note?

If an employee is off sick for 7 calendar days or fewer, they can self-certify. This means they don't need a medical note from a GP or other healthcare professional. You can ask them to complete a self-certification form, email you or record the absence through your HR system.

After 7 calendar days of sickness absence, you can ask for a fit note. A fit note used to be called a sick note. It can now be issued by doctors, nurses, occupational therapists, physiotherapists and pharmacists where they're involved in the employee's care.

A fit note will usually say either:

• The employee isn't fit for work.
• The employee may be fit for work if certain changes are made.

Suggested changes might include a phased return, altered hours, amended duties, workplace adaptations or remote working. You aren't automatically required to agree to every suggestion, but you should consider it properly and discuss what is practical. If you can't make the suggested changes, the employee should generally be treated as not fit for work for the period covered by the note.

Fit notes and sickness records include health information. Under UK GDPR and the Data Protection Act 2018, health data is special category data and must be handled carefully. Limit access to people who need it, store records securely, avoid unnecessary details in wider communications and keep records only for as long as you have a lawful reason to do so. Your Privacy and Data Policy should explain how employee health data is managed.

Can Employers Contact Employees While They Are Off Sick?

Yes, employers can contact employees while they're off sick, but the contact should be reasonable, supportive and proportionate. You may need to check how the employee is, confirm expected return dates, discuss sick pay, arrange cover, ask for a fit note or talk about possible adjustments.

What is reasonable depends on the circumstances. A short message after a one-day stomach bug is very different from daily calls to someone signed off with work-related stress. Too much contact, or contact that pressures the employee to return before they're fit, can create legal and employee relations risks.

A practical approach is to agree the method and frequency of contact early on. For example, you might agree that the employee will email their manager each Friday while they're signed off, or that HR will call once a fortnight during a longer absence. Keep a written note of key conversations.

If the employee says that contact is worsening their health, take that seriously. You may need to adjust who contacts them, how often, or whether a family member or representative is involved for limited practical purposes.

What Can Employees Do While Off Sick?

Being off sick doesn't mean an employee must stay at home at all times. What they can do depends on the medical reason for absence and whether the activity is inconsistent with being unfit for work.

For example, an employee signed off with anxiety may be encouraged to go for walks, visit family or take a pre-booked holiday if that supports recovery. An employee signed off with a back injury might be acting inconsistently if they're seen doing heavy manual work elsewhere.

Employees continue to accrue statutory holiday while they're off sick. If an employee is sick during pre-booked annual leave, they may be able to treat those days as sickness absence and take the holiday later, provided they follow your reporting rules. If they want to take annual leave while signed off sick, they can ask to do so. This sometimes happens where a break is beneficial for recovery, or where the employee wants to receive holiday pay instead of SSP for that period.

Working another job while off sick is more sensitive. It isn't automatically misconduct in every case, because the roles may be very different. However, it can be a serious issue if the work is dishonest, breaches the employment contract, competes with your business, delays recovery or contradicts the stated reason for sickness. Don't jump straight to dismissal. Gather evidence, speak to the employee and follow a fair disciplinary or capability process.

How Should Employers Manage Long-Term Or Repeated Sickness?

Long-term sickness is often treated as absence lasting 4 weeks or more. Repeated short-term absence can be just as disruptive, especially for a small team. In both cases, your goal should be to understand the position, support the employee where possible and protect your business through a fair process.

A good absence management process includes these steps:

1. Check your contract and policies so you follow your own process consistently.
2. Keep reasonable contact with the employee and confirm important points in writing.
3. Ask for fit notes or updated medical evidence where appropriate.
4. Consider an occupational health assessment if you need practical guidance on fitness for work, adjustments or likely timescales.
5. Discuss reasonable adjustments, such as altered hours, temporary duties, equipment, remote work or a phased return.
6. Review whether the absence may be connected to a disability under the Equality Act 2010.
7. Hold formal meetings before making major decisions, giving the employee a chance to respond.
8. Document the reasons for each decision and the alternatives considered.

Under the Employment Rights Act 1996, dismissal can potentially be fair where an employee is no longer capable of doing their job because of ill health. However, it's rarely safe to move straight to dismissal. You would usually need up-to-date medical information, proper consultation, consideration of adjustments or alternative roles and a reasonable assessment of the impact on your business.

If the illness is a disability, the Equality Act 2010 adds extra duties. A person is generally disabled if they have a physical or mental impairment that has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities. Long-term usually means it has lasted, or is likely to last, at least 12 months. Some conditions, including cancer, HIV infection and multiple sclerosis, are treated as disabilities from diagnosis.

Reasonable adjustments might include a different start time, extra breaks, specialist software, reallocating some duties, changing a trigger point in an absence policy, or allowing a phased return. What is reasonable depends on factors such as your business size, cost, practicality, the role and the impact on other staff.

Can An Employer Dismiss Someone For Being Off Sick?

Sometimes, yes. But dismissal for sickness absence is high risk if it's rushed, poorly evidenced or connected to disability. The question isn't simply whether the employee has been absent for a long time. The question is whether, after a fair process, dismissal is reasonable in all the circumstances.

Before considering dismissal, you should usually ask:

• Do we have current medical evidence about the employee's condition and likely return?
• Have we consulted the employee and listened to their views?
• Have we considered a phased return, changed duties, flexible hours or other reasonable adjustments?
• Have we considered whether there's any suitable alternative role?
• What is the real impact on the business, clients and other staff?
• Have we followed the contract, staff handbook and ACAS guidance on fair procedure?

If you're dealing with suspected dishonesty, such as an employee claiming to be sick while working elsewhere in a conflicting role, that may be a disciplinary issue rather than a capability issue. Even then, you should investigate, put the allegations to the employee, allow them to respond and follow a fair process before deciding on any sanction.

It's sensible to get professional advice before dismissing an employee for sickness absence, especially where mental health, disability, pregnancy, workplace injury or work-related stress may be involved.

What Policies And Records Should Your Business Have?

Clear documents make sickness absence easier to manage. They also help employees understand what is expected of them and reduce the chance of inconsistent treatment.

Your key documents should include:

• Sickness and Absence Policy - explains reporting, evidence, contact, sick pay and return-to-work meetings.
• Staff Handbook - sets out wider workplace rules, benefits and procedures.
• Return-to-Work Form - records the reason for absence, whether the employee is fit to return and any support needed.
• Privacy and Data Policy - explains how employee personal data and health data are collected, used and stored.
• Capability or Performance Policy - provides a fair structure for long-term or repeated absence where capability is affected.

A practical sickness and absence policy usually covers:

1. Purpose And Scope - who the policy applies to and why the business has it.
2. Reporting Sickness - who employees contact, by when and what information they must give.
3. Evidence - when self-certification and fit notes are required.
4. Sick Pay - how SSP and any company sick pay are handled.
5. Contact During Absence - how reasonable contact will be agreed and recorded.
6. Return To Work - how return-to-work meetings, phased returns and adjustments work.
7. Long-Term And Repeated Absence - how reviews, occupational health and formal meetings are managed.
8. Data Protection - how health information is protected and who can access it.

A lawyer should tailor these documents to your contracts, working patterns and risk areas.

You should also keep accurate payroll and absence records. SSP records should generally be kept for at least 3 years after the end of the tax year they relate to. Keep notes of meetings, fit notes, occupational health reports and adjustment decisions securely, with access limited to those who need it.

Key Takeaways

• Employees and eligible workers can take sickness absence when they're genuinely unfit, but SSP is limited to up to 28 weeks if they qualify.
• For 2026/27, SSP is 123.25 pounds per week or 80% of average weekly earnings, whichever is lower.
• SSP is payable from the first full qualifying day, and there's no lower earnings limit for eligibility.
• Employees can self-certify for the first 7 calendar days. After that, you can ask for a fit note.
• Long-term or repeated absence should be managed through evidence, consultation, possible adjustments and a fair process.
• Clear sickness policies, return-to-work records and data protection practices help protect your business and your staff.

If you'd like help with sickness and absence policies, staff handbooks, managing long-term sickness or reviewing a fair capability process, you can reach us at 08081347754 or team@sprintlaw.co.uk for a free, no-obligations chat.