Sickness Absence Policy: What UK Employers Must Include

Every UK employer needs a sickness absence policy. Without one, you are making it up as you go, and that is how you end up paying out at tribunal.

A clear, written policy protects your business in three ways. It sets expectations for staff. It gives managers a consistent process to follow. And it creates the paper trail you need if absence becomes a capability or conduct issue.

This guide covers what your policy must include, what the law actually requires, and how the 2026 SSP changes affect your approach.

Why You Need a Written Sickness Absence Policy

There is no law that says you must have a sickness absence policy. But the absence of a legal requirement does not mean it is optional in practice.

The ACAS Code of Practice on disciplinary and grievance procedures expects employers to handle absence fairly and consistently. Employment tribunals will look at whether you followed a reasonable process. "We didn't have a policy" is not a defence. It is an admission.

A written policy also helps you:

• Reduce absence rates by setting clear expectations
• Identify patterns early (short-term persistent absence is often the biggest cost)
• Support genuine illness without enabling abuse
• Protect yourself against disability discrimination claims
• Comply with data protection rules around health information

If your policy lives only in a manager's head, it is not a policy. Write it down, include it in your employee handbook, and make sure every member of staff knows where to find it.

What to Include in Your Sickness Absence Policy

Notification Requirements

Your policy must spell out exactly what employees need to do when they are sick. Leave any ambiguity here and you will struggle to take action when someone simply stops showing up.

Cover these points:

• Who to contact: their line manager, not a colleague, not a text to reception
• When to contact: before their shift starts, or within a set time (e.g. within one hour of their normal start time)
• How to contact: phone call is standard. Many employers now accept text or app-based reporting, but specify your preference
• What to say: the nature of the illness (in general terms) and expected return date
• Daily or periodic updates: whether they need to call in each day or at agreed intervals

Be specific. "Let us know if you're sick" is not a notification procedure.

Self-Certification (Days 1 to 7)

For absences of seven calendar days or fewer, employees self-certify. They do not need a GP note. They complete a self-certification form (SC2 form or your own version) when they return to work.

Key points for your policy:

• Self-certification covers up to seven calendar days, including weekends and non-working days
• You can require employees to complete the form on their first day back
• You cannot insist on a GP note for absences under eight days (GPs will refuse to issue one)
• Keep self-certification forms on file. They form part of your absence record

Fit Notes (Day 8 Onwards)

From the eighth calendar day of absence, employees must provide a fit note (formally called a "Statement of Fitness for Work") from their GP or, since July 2022, from certain other healthcare professionals including nurses, occupational therapists, pharmacists, and physiotherapists.

Fit notes can say one of two things:

1. Not fit for work: the employee cannot work at all for the stated period
2. May be fit for work: the employee could return with adjustments

If a fit note says "may be fit for work" with recommendations, you are not legally obliged to follow those recommendations. But you must consider them. If you cannot accommodate the suggested adjustments, the employee is treated as not fit for work for the duration of the note.

Common fit note adjustments include:

• Amended duties
• Altered hours
• Phased return
• Workplace adaptations

Document your consideration of any adjustments. If the employee later claims disability discrimination, you will need to show you engaged with reasonable adjustments.

Statutory Sick Pay (SSP) and the 2026 Changes

SSP is the legal minimum you must pay. As of April 2026, the rules have changed significantly under the Employment Rights Act 2025.

What changed in April 2026:

• SSP is now payable from day one of absence. The old three waiting days have been abolished
• This applies to all employees who meet the earnings threshold
• The weekly rate for 2026/27 is set by the government each April

For a full breakdown of the new SSP rules, see our guide to SSP from day one.

Your policy should state:

• Whether you pay company sick pay above SSP (and for how long)
• Any qualifying period before company sick pay kicks in
• How sick pay interacts with other leave types
• That SSP is now payable from day one with no waiting days

If you offer an occupational sick pay scheme, set out the rates clearly. A common structure:

| Service length | Full pay | Half pay | |---|---|---| | Under 1 year | 2 weeks | 2 weeks | | 1 to 3 years | 4 weeks | 4 weeks | | 3 to 5 years | 8 weeks | 8 weeks | | 5+ years | 12 weeks | 12 weeks |

Whatever you offer, make sure the terms are in the employment contract or clearly referenced in your policy.

Return-to-Work Interviews

Return-to-work interviews are the single most effective tool for managing short-term absence. CIPD research consistently finds that organisations using them see lower absence rates.

Every return-to-work interview should cover:

• Reason for absence: confirm what was wrong (within data protection limits)
• Fitness to return: are they actually well enough to be back?
• Support needed: any adjustments, phased return, or ongoing treatment
• Absence record: update the employee on their absence history
• Pattern check: flag any emerging patterns (Monday/Friday absences, absences around annual leave)

Keep a written record signed by both parties. This is not about catching people out. It is about showing genuine interest in their health and flagging problems before they escalate.

Absence Trigger Points

Trigger points are thresholds that prompt a formal review when an employee's absence reaches a certain level. They give managers a consistent, objective framework instead of relying on gut feeling.

Common trigger point models:

Simple count:

• 3 or more separate absences in a rolling 12-month period
• 8 or more days total absence in a rolling 12-month period

Bradford Factor:

The Bradford Factor weights frequent short absences more heavily than single long absences, on the theory that short, unpredictable absences are more disruptive. The formula is:

S x S x D = Bradford Factor score

Where S = number of separate absence episodes and D = total days absent.

Example: 10 one-day absences scores 1,000 (10 x 10 x 10). One ten-day absence scores just 10 (1 x 1 x 10).

Typical trigger levels:

| Score | Action | |---|---| | 51+ | Informal discussion | | 201+ | First formal review | | 401+ | Second formal review | | 601+ | Final review / potential dismissal |

Whichever model you use, make the thresholds clear in your policy. Employees should never be surprised by a formal meeting because a hidden threshold was crossed.

Important: trigger points must be applied with discretion. You cannot mechanically dismiss someone whose absences relate to a disability. That is direct disability discrimination under the Equality Act 2010.

Managing Short-Term Persistent Absence

Short-term absence, the Monday flu, the recurring back pain, the pattern of single days off, costs UK employers more than long-term absence overall. Your policy needs a clear escalation process.

Suggested Escalation Framework

1. Return-to-work interview after every absence (no exceptions)
2. Informal discussion when a trigger point is hit. Explore reasons, offer support, set expectations
3. First formal absence review meeting if absence continues. Confirm triggers, set a review period (typically 3 to 6 months), warn that further absence may lead to escalation
4. Second formal review if no improvement. Extend monitoring, consider occupational health referral
5. Final review with potential dismissal on capability grounds if absence remains unacceptable

At every stage, consider whether the absence might relate to a disability. If it could, you must explore reasonable adjustments before taking any action.

Managing Long-Term Sickness Absence

Long-term absence (usually defined as four or more consecutive weeks) requires a different approach. You are not disciplining someone for being ill. You are managing a business situation where an employee cannot do their job.

Your policy should cover:

• Keeping in touch: regular, agreed contact points. Not daily calls, but enough to maintain the relationship
• Occupational health referral: to get a medical opinion on prognosis, likely return date, and adjustments
• Considering alternatives: part-time work, different role, phased return
• Setting a review point: where you assess whether the role can be held open
• Termination as a last resort: dismissal for capability (ill health) after all alternatives are exhausted

For a detailed walkthrough, see our long-term sickness absence management guide.

Disability and the Equality Act 2010

This is where absence management gets legally dangerous. A condition counts as a disability under the Equality Act 2010 if it has a substantial and long-term adverse effect on the person's ability to carry out normal day-to-day activities. "Long-term" means 12 months or more (or likely to last that long).

Key rules for your policy:

• Reasonable adjustments: you must make them. Ignoring a fit note recommendation without good reason is risky
• Trigger point exceptions: you may need to discount disability-related absences from trigger calculations
• Occupational health: refer early if you suspect a disability
• Do not ask diagnostic questions: you are not a doctor. Ask about capability, not condition
• Mental health counts: anxiety, depression, and stress-related conditions can all qualify as disabilities

If in doubt, treat the absence as potentially disability-related and seek occupational health advice before taking any formal action.

Data Protection and Sickness Records

Sickness absence data is "special category data" under UK GDPR because it relates to health. You need a lawful basis for processing it.

Your policy should confirm:

• You collect and store sickness absence data
• The lawful basis (usually "employment obligation" under Article 9(2)(b) of UK GDPR)
• Who has access to absence records (line managers, HR, occupational health)
• How long records are retained (typically the duration of employment plus 6 years)
• That fit notes and medical reports are stored securely and separately from general personnel files
• Employees' right to access their absence records via a subject access request

Do not share diagnosis details with anyone who does not need them. A manager needs to know an employee is off sick and when they might return. They do not need to know the specific diagnosis unless the employee chooses to share it.

Practical Tips for Getting Your Policy Right

1. Keep it simple. A 30-page policy that nobody reads is worse than a 3-page policy that everyone follows
2. Train your managers. The policy is only as good as the people applying it. Train them on return-to-work interviews, trigger points, and when to escalate
3. Apply it consistently. Treating one employee differently from another is how discrimination claims start
4. Review annually. Employment law changes. SSP rates change. Your policy should keep pace
5. Involve staff. If you have a union or staff forum, consult them. Even without formal consultation, telling staff about policy changes builds trust
6. Link to your occupational health provider. If you have one, reference the referral process in your policy
7. Get your employer compliance audit done. It will flag gaps in your absence management approach before they become tribunal claims

Frequently Asked Questions

Q: Can I require a GP note for absences under seven days?

No. GPs will not issue fit notes for absences of seven calendar days or fewer. You can require employees to complete a self-certification form (SC2), but you cannot insist on a medical certificate for short absences.

Q: Can I dismiss someone for being off sick too much?

Yes, but only if you follow a fair process. Dismissal for persistent short-term absence is a capability issue, not misconduct. You must show you followed a reasonable procedure: informal warnings, formal reviews, consideration of underlying causes, and exploration of alternatives before dismissal. If the absences are disability-related, you must also show you considered reasonable adjustments.

Q: Do I have to pay company sick pay on top of SSP?

No. SSP is the only legal requirement. Any company sick pay above SSP is contractual, meaning it depends on what you have agreed in the employment contract or your policy. Many employers offer enhanced sick pay as a retention tool, but it is not a legal obligation.

Q: Has SSP changed in 2026?

Yes. From April 2026, SSP is payable from the first day of absence. The old three-day waiting period has been removed under the Employment Rights Act 2025. This means every qualifying absence now triggers SSP from day one, which makes accurate absence recording even more important.

Q: Can I contact an employee while they are off sick?

Yes, and you should. Maintaining reasonable contact during absence is good practice and expected by tribunals. However, the contact should be supportive, not pressuring. Agree a contact schedule with the employee (e.g. a weekly call or email). Do not bombard them with daily calls or make them feel their job is at risk simply for being ill.

Q: What is the difference between a capability and a conduct issue in absence management?

Genuine illness is a capability issue. You are managing the impact of the absence on the business, not punishing the employee. Conduct issues arise when an employee breaches the sickness absence policy itself: failing to notify properly, providing false self-certification, or working elsewhere while signed off sick. The distinction matters because the procedures and potential outcomes differ.

Next Steps

A sickness absence policy is not a "nice to have." It is the foundation of fair, consistent absence management. Without one, every decision you make is open to challenge.

Start with the basics: notification rules, self-certification, fit notes, SSP entitlement, and return-to-work interviews. Add trigger points and escalation procedures. Make sure it covers the 2026 SSP changes. Then train your managers to use it.

If you are not sure whether your current policies are compliant, run your business through our employer compliance audit. It takes ten minutes and flags the gaps before a tribunal does.