Sickness and absence

This topic considers the legal issues in dealing with sickness and sickness absence and the rules of statutory sick pay (SSP) and occupational sick pay.

There are a number of circumstances in which an employee may report a sickness, or other, absence from work. Sickness absence can be caused by:

  1. long-term or chronic illness

  2. intermittent, short-term sickness, where the absence is authorised and the symptoms are genuine

  3. ‘malingering’, ie an employee claiming to be sick, but they are not

  4. pregnancy-related sickness, and

  5. stress and mental ill health

The procedure that the employer should adopt and the approach of the tribunals in determining the fairness of any resulting dismissal differ in each case.

For template policies that an employer can use to manage sickness and absence in the workplace, see Precedents:

  1. Policy and procedure—performance and capability

  2. Policy and procedure—performance and capability (short form)

  3. Policy and procedure—sickness and attendance

  4. Policy and procedure—sickness and attendance (short form)

Dealing with long-term or chronic sickness

Dealing with an employee who is off sick for long periods, or for one continuous,

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Powered by Lexis+®
Latest Employment News

PAC criticises Home Office over failures to tackle exploitation under skilled worker visa route

The Public Accounts Committee (PAC) has found that the Home Office failed to adequately address the risk of exploitation and non-compliance under the skilled worker visa scheme, particularly in the care sector. In its 4 July 2025 report, the PAC criticises the department for failing to prevent abuse following the scheme’s 2022 expansion to support adult social care, highlighting serious weaknesses in safeguarding, compliance monitoring, and tracking of visa expiries. While the expansion helped alleviate workforce shortages during the pandemic, it also exposed migrant workers to exploitation, with evidence submitted to the inquiry detailing cases of debt bondage, excessive working hours and poor living conditions. Despite early signs of abuse, the Home Office was slow to respond and does not hold data on how many visa holders have been identified as potential victims of modern slavery. The PAC further found that the department lacks key data on visa compliance, including whether workers leave the UK at the end of their stay, are re-sponsored, or remain unlawfully, and has not analysed exit check data since the route’s introduction. In light of the recent decision to end overseas recruitment for care workers, the PAC warns of further risks unless cross-government workforce strategies are coordinated and calls for a joined-up approach to tackling exploitation and addressing domestic skills shortages.

View Employment by content type :

Popular documents