Your Rights When You're Off Sick
1. Take Time Off When You're Unwell
You cannot be forced to work when you are medically unfit.
2. Statutory Sick Pay (SSP)
If eligible, you must receive SSP for up to 28 weeks.
3. Company Sick Pay (If Offered)
Some employers offer enhanced sick pay — they must follow their policy consistently.
4. Fair Treatment
You must not be:
- Pressured to return early
- Disciplined unfairly
- Dismissed without a fair process
- Discriminated against for disability related absence
5. Reasonable Adjustments
If you have a disability or long term condition, your employer must consider adjustments such as:
- Reduced hours
- Modified duties
- Phased return
- Equipment or support
Reporting Sickness – What Employers Can Ask For
Employers can require you to:
- Notify them as soon as possible
- Provide a self certification form (first 7 days)
- Provide a fit note from your GP (after 7 days)
They cannot demand:
- Medical details you don't want to share
- Access to your full medical records without consent
Sickness Absence Procedures Explained
1. Reporting Absence
Clear instructions on:
- Who to contact
- When to contact them
- What information to provide
2. Keeping in Touch
Employers should check in reasonably — not excessively.
3. Return to Work Meetings
These should be supportive, not disciplinary.
4. Monitoring Absence Levels
Employers may use:
- Trigger points
- Bradford Factor
- Attendance reviews
But these must be applied fairly and consistently.
When Sickness Management Becomes Unfair
Sickness procedures may be unfair if your employer:
- Pressures you to return before you're fit
- Ignores medical advice
- Uses absence triggers rigidly without considering context
- Disciplines you for disability related absence
- Fails to consider reasonable adjustments
- Treats you differently from colleagues
- Uses sickness as a pretext for dismissal
This may amount to discrimination, unfair dismissal, or constructive dismissal.
Long Term Sickness Absence
Long term sickness is usually defined as 4+ weeks off work.
Employers must:
- Maintain reasonable contact
- Request fit notes appropriately
- Consider occupational health assessments
- Explore reasonable adjustments
- Consider phased returns
- Avoid rushing capability procedures
Dismissal should be a last resort, only after a fair capability process.
Disability Related Absence
If your condition qualifies as a disability under the Equality Act 2010, your employer must:
- Adjust absence triggers
- Avoid penalising disability related absence
- Consider flexible working
- Provide reasonable adjustments
Failure to do so may be disability discrimination.
The Bradford Factor – What You Need to Know
The Bradford Factor scores frequent short absences more heavily than long ones. However, employers must:
- Apply it consistently
- Consider medical evidence
- Adjust scores for disability related absence
- Avoid using it as an automatic disciplinary tool
How to Protect Yourself During Sickness or Attendance Issues
- Keep copies of fit notes
- Document symptoms and medical advice
- Follow reporting procedures
- Request reasonable adjustments
- Ask for occupational health support
- Challenge unfair treatment in writing
- Keep a record of all communication