Staff Absence Management

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More than any other Staff initiated issue, staff absence probably costs businesses the most money each year yet is one of the least measured and managed aspects of staff performance. Staff absence, managed effectively and legally, can be significantly reduced, saving businesses thousands in lost time and productivity.

Manage Staff Absence Effectively & Legally

Employers expect that employees will not be absent from work unnecessarily. Among the many concerns of employers, staff absences feature highly and for good reason. Continued staff absence from work can be very costly to the business and can compromise its ability to operate and deliver its service effectively. Employee attendance at work is important and should be tracked. However, any instances of employee absence from work should be handled carefully, as part of a well-coordinated and legally compliant absence management procedure.

Given our experience of working with employers, we at Employ Easily Legal Services are acutely aware that there is a belief that any attempt by employers to address long-term or persistent staff absence from work breaches UK employment law. Contrary to this belief, the law does permit employers to record and manage staff absences. The team at Employ Easily Legal Services can help employers with this, preserving the interests of the business more widely and making considerable savings on costs, which would have otherwise been incurred.

How to manage staff absence effectively?

The reality for employers is that from time-to-time, some of their workforce will be absent from work due to some kind of sickness. The difficulty employers find in handling these instances properly is how to avoid any grievance or legal complaint being raised against them at a later date.
The important point in managing staff absences is that any procedure that employers use must be fair. While there is no question that repeated staff absences can be detrimental to a business, this is cannot justify an unfair handling of the situation.

Dealing with repeated short-term absence

An employee’s constant short-term absence from work can be as damaging to a business as long-term absence, impeding the consistency and continuity with which a service is delivered. It is advisable that any procedure that employers have in place to manage short-term absences includes the following points:

The procedure must be objective and based on transparent criteria that are applied consistently across the workforce;
Any review of employee attendance must be fair;
There must be an opportunity afforded to an employee to give their reasons for being absent from work repeatedly, and they should be afforded an opportunity to improve their record; and
If the situation warrants it, the employee should be advised that there is a risk of dismissal from employment if their attendance does not improved.

Employers should follow their absence management plan carefully. Every employee is different, and there should be some degree of investigation to establish why an employee is repeatedly absent from work. This could reveal an employee’s underlying issue, including medical conditions that may impact their ability to reduce their absence from work. This also raises the need for attention to be paid to the terms of Equality legislation, which affords protection to employees that suffer from certain conditions that amount to a disability.

If there is no underlying health condition affecting an employee, then it may be that there is a need to consider altering an employee’s working arrangements, e.g. discuss with them whether a different role or environment would help to reduce their absence from work. It is not illegal for an employer to dismiss an employee owing to their absence from work, but this option should only be used as a last resort after all other options have been exhausted.

Dealing with Long-term staff absence

In most cases, instances of an employee’s long-term absence of from work can be attributed to underlying health issues. In that situation, employers are well advised to conduct a thorough investigation into the employee’s circumstances:

Enquire about the nature of the condition;
Seek guidance on when the employee can expect to be back at work, and whether this is a realistic prospect; and
Explore whether a change in role or other working arrangements would allow the employee to return to work sooner.

As with short-term illness, it is important that employers consider employee long-term illness carefully. It is possible for employers to raise the possibility of dismissal with employees, but this should also only be done in severe cases. Furthermore, it is important to note that employers will expose themselves to legal action if they fail to observe any sick pay provisions of an employee’s contract which they are obliged to observe, prior to considering whether to terminate their relationship with an employee.

It is also vital that an employer’s absence management procedures and process take into account the realities of many employees’ lives. This includes accounting for absences due to emergencies at home, issues involving children and other delicate matters, e.g. a family member’s ill health. Managing staff absence effectively is a challenge for employers and should be tackled with the support of experienced professionals.

Employment Law Services (ELS) is a leading firm of employment law and HR advisors. Our team deliver practical, reliable advice to help employers deal with employee absence from work. We can work with you to design and implement a comprehensive procedure to manage staff absence from work. Our team operate across the central belt in Scotland and throughout England & Wales and have experience of working with employers in a variety of sectors. We take pride in being able to adjust to the particular needs of each employer. Contact us now to find out how we can help you.

Staff Absence Management - Frequently Ask Questions

We have answered some of the most common questions asked below but if you still cannot find the answer you need then give us a call on 0800 612 4772

Managing staff absence is a key responsibility for employers in the UK, as it directly affects productivity, workplace morale, and legal compliance. Below are some frequently asked questions to help employers effectively handle staff absence.

Staff absence refers to any period when an employee is not at work during their scheduled working hours. This can include sickness, annual leave, maternity or paternity leave, unpaid leave, sabbaticals, and unauthorised absences.

For short-term sickness absences:

Ensure employees follow your company’s sickness absence reporting procedure (e.g., notifying their line manager on the first day of illness).
For absences of 7 days or less, employees can self-certify.
For absences longer than 7 days, a doctor’s fit note is required.
Record the absence and monitor any patterns of frequent short-term absences.

For long-term sick leave (usually 4 weeks or more):

Stay in regular contact with the employee to offer support and get updates on their health.
Request a fit note from a doctor and, if necessary, seek further medical advice (e.g., an occupational health assessment).
Discuss a phased return to work or reasonable adjustments to help the employee return to work.
Be aware of your obligations under the Equality Act 2010, particularly if the employee’s condition qualifies as a disability.

Statutory Sick Pay (SSP) is the legal minimum payment made to eligible employees who are off work due to illness for 4 or more consecutive days. Employers must pay SSP for up to 28 weeks, at a rate set by the government (currently £109.40 per week in 2024). To qualify, employees must:

Be classified as employees.
Earn an average of at least £123 per week.
Follow the company’s notification procedures.

Employers can offer more generous sick pay through occupational sick pay schemes.

Unauthorised absence occurs when an employee fails to attend work without a valid reason or permission. To manage unauthorised absence:

Investigate the cause of the absence and speak with the employee as soon as possible.
Use a return-to-work interview to understand the reasons behind the absence.
If the absence continues, follow your disciplinary procedures, ensuring you remain fair and consistent.
Keep records of all instances of unauthorised absence.

A return-to-work interview is a brief meeting held after an employee has been absent due to illness. Its purpose is to:

Welcome the employee back and check on their well-being.
Discuss the reason for the absence and ensure the employee is fit to return.
Identify any patterns of frequent absences.
Address any ongoing concerns or potential adjustments needed for the employee’s health.

This interview helps ensure absences are managed fairly and consistently, while supporting employees.

Employees in the UK are entitled to various types of family leave, including:

Maternity Leave: Up to 52 weeks, with Statutory Maternity Pay (SMP) for up to 39 weeks.
Paternity Leave: Up to 2 weeks paid leave.
Shared Parental Leave: Eligible parents can share up to 50 weeks of leave and 37 weeks of pay.

You must allow eligible employees to take these types of leave and ensure their employment rights (e.g., pay, pension contributions) are protected during the leave.

If an employee has frequent or long-term absences:

Review their absence record to identify patterns.
Hold a formal absence review meeting to discuss concerns and understand any underlying issues.
Offer support, such as occupational health assessments, counselling, or flexible working.
Where necessary, implement an Attendance Improvement Plan with clear targets.
If absences continue, consider moving to disciplinary action but ensure you follow legal procedures and consult medical advice if applicable.

A fit note is issued by a GP or medical professional to certify an employee’s illness when they are off work for more than 7 days. The fit note may:

Confirm that the employee is not fit for work.
Suggest that the employee may be fit for work if adjustments are made (e.g., reduced hours or duties).

Employers should consider any recommendations on the fit note and determine whether adjustments can be accommodated.

If an employee refuses a reasonable adjustment recommended by a fit note or occupational health assessment:

Discuss the reasons for their refusal and explore any additional concerns they may have.
Ensure the adjustments offered are reasonable, taking into account their health condition and the business’s ability to accommodate the changes.
If the employee continues to refuse, seek advice from HR or a legal expert to ensure you are managing the situation lawfully, particularly if their condition may qualify as a disability under the Equality Act 2010.

Dismissing an employee due to absence can be risky if not handled properly. To avoid unfair dismissal claims:

Follow a fair and thorough absence management process.
Obtain medical evidence to support any decisions.
Ensure you’ve explored reasonable adjustments if the absence is related to a disability.
Document all communications and steps taken. If the absence is due to a protected characteristic, such as a disability or pregnancy, additional legal protections apply.

It’s essential to keep accurate records of staff absence, including:

Dates and reasons for absence.
Self-certification forms and fit notes.
Return-to-work interviews.
Any discussions around adjustments or support provided. Use an HR system or a structured process to monitor absence patterns, identify trends, and ensure compliance with company policies.