Employee off sick — what can I do as an employer?

Few things spike an owner-manager's stress like the email that says "I'm signed off sick for four weeks, maybe longer."

You're trying to be decent, but you also have customers, deadlines and a wage bill.

The good news: you do have rights and options.

The bad news: if you get sickness absence wrong, you can wander straight into unfair dismissal or disability discrimination — especially with how the Employment Rights Act 2025 changes statutory sick pay and dismissal risk.

First 7 days off sick — what you should do

For short-term sickness, focus on basics:

• Keep it documented — ask for messages to come through a single channel (not random WhatsApps to different managers).
• After 7 calendar days' sickness, employees must give you some form of fit note (sick note) if they want Statutory Sick Pay (SSP) or contractual sick pay to continue.
• Make sure you're following your own sickness policy — or the standard position if you don't have one.

Since 6 April 2026, SSP has been:

• Payable from the first day of sickness (there is no longer a three-day waiting period).
• Available to more employees, because the lower earnings limit has been removed.

Translation: you are paying sick pay sooner and for more people, so tracking absence properly matters.

Statutory Sick Pay (SSP) — what you actually have to pay

Since 6 April 2026, under the Employment Rights Act 2025 (ss.10 and 11), SSP is:

• Payable whatever the employee earns (there is no lower earnings limit).
• Payable from the first day of sickness absence.
• Paid at 80% of average weekly earnings or the flat weekly rate (£123.25 for 2026/27), whichever is lower.
• Paid for up to 28 weeks.

You can pay more under a contractual sick pay scheme, but not less than the statutory minimum.

If you offer enhanced sick pay, make sure your rules are clear and consistently applied.

How long can someone be off sick before you can dismiss?

There is no magic "X weeks then you can sack them" rule.

In theory you can fairly dismiss someone on long-term sickness absence on capability grounds — but only if you've gone through a fair process.

Tribunals will look at whether you:

• Obtained up-to-date medical evidence (usually via GP report or Occupational Health).
• Considered reasonable adjustments if there's a disability.
• Considered alternative roles or phased return options.
• Consulted with the employee about their situation and likely timescales.
• Gave fair warning that dismissal was a possibility if they could not return.

If you jump straight from "been off a while" to dismissal, you are begging for an unfair dismissal and possibly disability discrimination claim. See our guide on when sickness becomes a capability issue and you need a dismissal process.

Step-by-step: managing long-term sickness absence

For absences that go beyond a couple of weeks, a sensible process looks like:

• Agree how often you'll check in and via what channel.
• Show basic human concern, not just "when are you back?".
• Ask for fit notes and, for longer absences, consider an Occupational Health referral.
• With consent, you can ask the employee's GP or specialist for a report — stick to relevant questions.
• Many long-term conditions (mental health, chronic pain, serious illness) may meet the Equality Act definition of disability.
• If so, you must consider reasonable adjustments before you even think about dismissal.
• Reduced hours, different duties, temporary redeployment, phased return, equipment changes.
• Document what you considered, what you offered, and the outcome.
• Invite to a formal capability meeting, with clear information and the right to be accompanied.
• Discuss the medical evidence, adjustments, alternatives and the impact on the business.
• If you dismiss, confirm reasons, notice and right of appeal in writing. Our notice period calculator gives the statutory minimum notice and the date it ends.

The smaller your business, the more weight a tribunal may give to the genuine operational strain — but you still have to follow the principles of fairness.

Employer rights: can you say no to sick pay or refuse contact?

You cannot:

• Refuse SSP to someone who qualifies for it.
• Discipline someone for being genuinely ill (though you can manage absence if it's disruptive).

You can:

• Require reasonable evidence of sickness (fit notes) after 7 days.
• Have attendance management triggers (e.g. number of absences or pattern) if applied fairly and non-discriminatorily.
• Move to a formal process if absence is affecting the business and no improvement is likely.

If an employee refuses any contact, refuses reasonable requests for medical evidence, or blocks an Occupational Health assessment, get advice before acting — it changes what's reasonable for you to do next.

Where the Employment Rights Act 2025 makes sickness even spicier

ERA 2025 interacts with sickness absence in a few important ways:

• Since April 2026, SSP is broader and kicks in earlier, increasing cost exposure for employers.
• From January 2027, unfair dismissal protection at six months' service plus uncapped compensation means long-term sickness dismissals will be even more scrutinised.
• Day-one family rights and stronger protections around pregnancy/maternity and flexible working will overlap with sickness in real life — particularly for stress, mental health, and pregnancy-related conditions.

If you treat "sick and inconvenient" staff as disposable, future-you is likely to meet them again at tribunal.

When to bring in solicitor-led HR support on sickness

Get proper help when:

• Absence is long term and the prognosis is unclear.
• There is any suggestion of disability, pregnancy, or work-related stress.
• You're considering dismissal on capability grounds.
• There are grievances or bullying allegations wrapped up in the sickness story — see our guide on what to do when a sick employee raises a grievance.

This is where HR, employment law and legal privilege all intersect. You want medical evidence, a fair process and careful documentation — and you want the more sensitive advice to be coming from a practising solicitor where possible.

Because Electra HR is run through Bonsai Law, we can manage sickness absence as a joined-up HR and legal project, not a tug-of-war between a consultancy and a separate law firm. Find out more about our solicitor-led support for sickness absence and capability cases.

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