Employment law and sickness entitlements at work

Sickness absence is a fact of working life. But for employers, navigating what’s legally required when an employee is off sick isn’t always straightforward.

UK employment law sets out clear rules on statutory sick pay, employee rights, and your responsibilities—getting it wrong can lead to costly claims.

This guide breaks down the legal essentials of managing sick leave, so you can keep your business compliant, and your employees supported.

Sick Leave Entitlement: What are employees legally entitled to?

In the UK, all employees have the right to take sick leave, but what they’re entitled to in terms of sick pay depends the law, on their contract and length of absence.

Here’s a quick breakdown:

• There’s no legal limit on the amount of sick leave an employee is entitled to

• Sickness lasting longer than 4 weeks is considered long term sickness (although not legally defined)

• Employees are entitled to Statutory Sick Pay (SSP) if they meet eligibility criteria

• You cannot force an employee to work while sick Now, let’s dive into the details

Statutory Sick Pay (SSP) explained

SSP is the legal minimum sick pay in the UK. As of April 2025, it’s set at £118.75 per week and can be paid for up to 28 weeks.

To qualify, your employee must:

• Be classed as an employee (not self-employed or a freelancer)

• Earn at least £125 per week

• Have been sick for more than 3 consecutive days (including non-working days)

It’s important to note that the Employment Rights Bill proposes some significant changes to SSP. Under the plans:

• The lower earnings limit threshold will be removed, with all workers entitled to SSP at a rate of either 80% of weekly earnings, or the flat rate, whichever is lower.

• The waiting days will be removed with the result that SSP will be paid from the first missed day of work.

While these changes are still in discussions, it’s advisable to prepare your business for these changes.

For more information on SSP see our Employers guide to Statutory Sick Pay in the UK.

Company Sick Pay – Optional, but binding if offered

While SSP is the legal minimum, you might offer something more generous, often called Occupational Sick Pay or Company Sick Pay. This isn’t required by law, but if you do offer it, even informally, it becomes a contractual obligation. That means it needs to be:

• Applied fairly and consistently

• Paid as promised or you could be looking at a breach of contract or an unlawful deduction claim

Self-certification and fit notes

Employees can self-certify for the first 7 calendar days of sick leave. After that, they’ll need a fit note from a healthcare professional. Fit notes may say:

• The employee is not fit for work, or

• They may be fit for work with some adjustments (e.g. fewer hours or lighter duties)

Disability and long-term sickness

If an employee has a physical or mental impairment that has a substantial and long-term adverse effect on their ability to do normal daily activities, they may meet the legal definition of disabled under Section 6 of the Equality Act 2010.

Your legal duties as an employer:

• Avoid discrimination arising from disability

• Make reasonable adjustments to remove or reduce disadvantage (e.g. phased returns, adjusted duties)

Failure to meet these obligations could result in a disability discrimination claim, which has no cap on compensation.

Keep sickness records confidential

Under UK GDPR and the Data Protection Act 2018, sickness and health data is considered special category personal data, which means:

• It must be stored securely (secure online document storage)

• Access should be limited to those with a legitimate business reason (HR or management)

• You must have a lawful basis for processing this data (usually under employment law or the management of health and safety)

Also, you should keep a record of:

• Sick days

• Fit notes and correspondence

• Return-to-work interviews

• Any reasonable adjustments

These records must be kept for 3 years, however it’s advisable to keep them for 7 years.  If anything, ever gets challenged, clear records are your best friend.

Can you dismiss an employee for sickness?

Yes—but you need to tread very carefully. Dismissals due to long-term sickness or repeated absence can be lawful, but you must follow a fair and reasonable procedure under Section 98 of the Employment Rights Act 1996.

You may be able to lawfully dismiss someone who’s off sick if:

• You’ve followed a fair process

• Explored all alternatives

• Taken medical advice

• Consulted the employee properly

• Offered the right to appeal

If their sickness is linked to a disability, there’s extra risk, any misstep could lead to a disability discrimination or unfair dismissal claim. Employment tribunals will assess whether you acted reasonably in all circumstances, so seeking employment law advice is highly recommended before acting.

Can you make an employee take sick leave?

Yes, but keep in mind that if you ask an employee to go off sick, you might have to give them their full normal salary. There should always be reasonable explanations for these requests.

 For example, if the employee is visibly unwell whilst at work.

Can an employee change their annual leave to sick leave?

Under the Working Time Regulations 1998, employees:

• Continue to accrue holiday while off sick

• Can reschedule annual leave if they fall sick during a booked holiday

• Can carry over up to 4 weeks of leave for 18 months if they’re too unwell to use it

So yes, if your employee is on annual leave and becomes sick, they can change their leave to sick leave. However,  you can’t make them use annual leave while they’re sick unless they request it.

Practical steps to ensure compliance

To stay legally compliant, you should:

• Have a written sick leave policy detailing your sick leave procedures.

• Include contractual sick pay terms in employment contracts or offer letters.

• Train managers on absence handling, non-discrimination, and fair disciplinary processes.

• Document everything – fit notes, consultations, reasonable adjustments, etc.

• Conduct return-to-work interviews to identify any recurring issues, support needs, or risks.

• Engage occupational health services for long-term or complex cases.

• Seek legal advice if considering dismissal due to sickness or you have any doubts.

Get help with sickness employment laws from BrightHR

Sick leave isn’t something you can just make up as you go. There are real legal responsibilities involved. When people are unwell, they need time, support, and a bit of understanding.

But as an employer, you need structure too. Having clear processes, understanding the law, and treating people fairly (and consistently) helps you stay out of legal trouble and create a workplace people actually want to be part of.

BrightHR offers a direct line to employment law specialists who are available 24/7 to help you maintain compliance.

Staying informed and implementing a paid sick leave policy, safeguards both your employees' wellbeing and your business's reputation.