Understanding your rights when calling in sick is crucial for maintaining both your job security and your well-being. At Stephensons, our employment law specialists are frequently asked about the legal protections and responsibilities that apply when an employee is unable to attend work due to illness. This guide outlines your rights as an employee in the UK, the procedures you should follow when reporting sickness, and what employers are legally allowed to do in relation to absence.
Your legal right to take time off for illness
All employees in the UK are entitled to time off work if they are unwell and unable to carry out their duties. While employers are not required to provide paid sick leave beyond statutory sick pay, they must adhere to legal obligations under employment law concerning sickness absence. Employees must not be treated unfairly or dismissed simply for calling in sick, provided they follow the correct absence reporting procedures and meet any requirements around proof of illness.
Unfair treatment or dismissal because of legitimate sickness absence could amount to discrimination or unfair dismissal, depending on the circumstances. Stephensons can help you assess whether your rights have been violated if you have concerns about how your employer has responded to your sickness absence.
Statutory sick pay (SSP) eligibility
If you are too unwell to work, you may be entitled to statutory sick pay (SSP), which is paid by your employer for up to 28 weeks. To qualify, you must be classed as an employee, earn at least £123 a week before tax (as of 2024), and have been off work for at least four consecutive days (including non-working days).
You must inform your employer of your sickness in accordance with their absence policy. This typically means contacting your line manager or HR department as soon as possible. Failure to follow the reporting procedure could jeopardise your entitlement to SSP.
Providing proof of sickness
For absences of more than seven calendar days, employers are entitled to request proof of illness in the form of a ‘fit note’ from a GP or qualified medical practitioner. For absences of seven days or fewer, employees can usually self-certify using their company’s internal processes.
If your employer requests a medical assessment or occupational health report after a period of extended sickness, they must handle this process fairly and with appropriate regard for your privacy and rights under data protection legislation.
Sickness policies and internal procedures
Most employers will have an internal sickness absence policy that outlines how to report absence, when to provide medical evidence, and what steps will be taken during longer-term absences. It is vital that employees familiarise themselves with this policy, as failure to comply may result in disciplinary action or delay in receiving pay.
If your employer’s sickness policy has not been communicated clearly or is inconsistently enforced, this could be grounds for legal advice. Stephensons can assist in reviewing your employer’s policy and whether it complies with current UK employment law requirements.
Disciplinary action and frequent sick leave
Employers are permitted to monitor absences and may initiate sickness absence review procedures if they have concerns about the frequency or duration of leave. However, any disciplinary action taken must be reasonable and based on an objective assessment of the facts.
Automatically assuming misconduct from repeated absences, without due process or consideration of underlying medical issues, could give rise to claims of unfair treatment or discrimination, especially when the illness is related to a disability under the Equality Act 2010.
If you believe you are being unfairly scrutinised or disciplined as a result of genuine illness, it is advisable to seek legal advice before responding to formal warnings or meetings. Stephensons can provide clear, practical advice on how to protect your rights in these situations.
Medical conditions and disability discrimination
Some long-term health conditions may qualify as a disability under the Equality Act 2010. If that is the case, your employer is legally required to make reasonable adjustments to support your return to work or accommodate your illness.
Failure to make these adjustments could amount to disability discrimination. Examples of adjustments could include flexible working hours, phased returns, or modified duties. If you have a disability and feel unsupported by your employer, you may have grounds to pursue legal action.
Stephensons has extensive experience in representing individuals who have suffered discrimination or unfair treatment in the workplace due to illness or disability. Our employment law solicitors can help ensure your employer is fulfilling their legal obligations.
Your responsibilities as an employee
While you are entitled to call in sick, you also have certain responsibilities. You should:
- Inform your employer as soon as possible when you are unable to work
- Follow your employer’s sickness reporting policy
- Provide accurate information about your absence
- Submit medical evidence when required
Failure to comply with these responsibilities could lead to disciplinary action or loss of statutory benefits. If you are unsure about your employer’s expectations or feel you are being treated unfairly, it is important to obtain legal advice promptly.
Putting your rights into context
Every employee’s situation is different, and the circumstances surrounding sickness absence can vary greatly. Whether you are dealing with a short-term illness or a long-term condition, understanding your legal rights helps you make informed decisions and safeguard your employment.
Employers must comply with employment law procedures when handling sickness absence. Stephensons can guide you through the legal process, whether you're disputing sick pay entitlement, facing disciplinary action, or returning to work after a lengthy absence.
Speak to an employment solicitor
If you believe your rights have been infringed or you require advice on workplace sickness absence, contact the employment law team at Stephensons. We are experienced in helping individuals navigate their employment rights and dealing with complex workplace issues.
Call us on 0161 696 6170 or fill in our enquiry form to speak with one of our specialist solicitors.
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