Sickness and absence

This topic considers the legal issues in dealing with sickness and sickness absence and the rules of statutory sick pay (SSP) and occupational sick pay.

There are a number of circumstances in which an employee may report a sickness, or other, 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 of any resulting dismissal differ in each case.

For template policies that an employer can use to manage sickness and absence in the workplace, see Precedents:

1. •

   Policy and procedure—performance and capability

2. •

   Policy and procedure—performance and capability (short form)

3. •

   Policy and procedure—sickness and attendance

4. •

   Policy and procedure—sickness and attendance (short form)