Sickness and absence

This Overview considers the legal issues in dealing with sickness and sickness absence and the rules of statutory sick pay (SSP) and occupational sick pay. It covers dealing with long-term or chronic sickness (including where disability may be a factor), dealing with persistent, intermittent, short-term absences, malingering, pregnancy-related sickness, mental health and stress, pay and benefits during sickness absence, medical reports and other health information, smoking in the workplace, and managing drug and alcohol use in the workplace. It also covers the situation in relation to fishermen who become sick or injured at sea under the Merchant Shipping (Work in Fishing Convention) Regulations 2018.

There are a number of circumstances in which an employee may take a sickness 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