How Many Sick Days Before Disciplinary

Ever wondered how many sick days are too many before you can take disciplinary action? You’re not alone.

As a UK employer, managing sickness absence can be tricky. There’s no set number of sick days that automatically trigger disciplinary proceedings.

But don’t worry, we’ve got you covered. Let’s break it down.

How much sickness absence is acceptable?

There is no legal upper limit to the number of sick days employees can take but there are several factors influencing acceptable sickness absence:

Industry Standards

Different industries have different norms. For instance, healthcare workers might have higher sickness absence rates due to the nature of their job compared to office workers.

Company Policies

Some companies have strict policies, while others are more lenient. Having a clear policy outlining acceptable levels of sickness absence is crucial.

The Bradford Factor

The Bradford Factor is a formula used to measure the impact of employee absences. It’s calculated as:

𝑆2 × 𝐷 = 𝐵

Where:

• S is the total number of separate absences
• D is the total number of days of absence
• B is the Bradford Factor score

This helps identify patterns of frequent short-term absences which can be more disruptive than occasional long-term absences.

What are the rules on sickness absence?

For absences of seven days or less, employees can self-certify their sickness. This means they don’t need to provide a medical certificate but must inform their employer about their illness. Employers may ask employees to fill out a self-certification form upon their return to work.

If an employee is off sick for more than seven days, they must provide a fit note (formerly known as a sick note) from a registered healthcare professional. This note will state whether the employee is “not fit for work” or “may be fit for work” with certain adjustments.

Employees who are off sick for more than four weeks are considered to have long-term sickness. Employers should maintain regular contact and may need to make reasonable adjustments to help the employee return to work. This could include changes to working hours or duties.

What should you say in your sick days policy?

Creating a comprehensive and effective sick days policy is crucial for managing employee absences and ensuring a supportive work environment. Your policy should clearly outline the following elements:

1. Statement of Policy: Begin with a clear explanation of the policy’s purpose and scope. This should outline the framework for managing, reporting, and recording sick leave, and set expectations for both employer and employee when an individual is unfit for work due to illness or injury, whether short-term or long-term.
2. Reporting Procedures: Detail the procedures employees must follow to notify their line manager or HR of their absence. Specify who to contact, how to contact them (e.g., phone, email), and what information needs to be provided.
3. Sick Notes: Explain when employees need to provide medical proof of their incapacity. Include details on how and when to self-certify and the process for submitting sick notes.
4. Sick Pay: Clearly outline the sick pay policy, including how much and for how long employees will be paid, based on statutory or contractual entitlements.
5. Keeping in Touch: Describe the expectations for communication between the employer and employee during sick leave. Specify how and when updates should be provided and any obligations on both sides to maintain contact.
6. Support Services: Highlight the support available to employees during sick leave, such as occupational health services or employee assistance programs. Emphasise the employer’s commitment to supporting the employee’s return to work.
7. Back-to-Work Interview: Outline the process for return-to-work discussions, including when and with whom these meetings will be held, and their purpose in facilitating a smooth transition back to work.
8. Managing Absences: Explain how absences due to sick leave will be managed. This should cover the approach to recurring short-term absences, long-term sickness, and cases of permanent incapacitation. Include any absence review triggers and the potential consequences of malingering.

Finally, given the potential for serious workplace issues arising from an ineffective sickness policy, it is advisable to seek expert legal advice when drafting or reviewing the policy. This ensures that the policy is comprehensive and tailored to meet your business’s specific needs.

What procedure should be followed for sickness absence?

Managing sickness absence effectively involves a clear and structured approach to ensure both employee support and organisational needs are met. Here is a step-by-step guide on the procedures to follow:

Review Your Sickness Absence Policy

Ensure your sickness absence policy is up-to-date and clearly outlines the procedures for reporting and managing sick leave. The policy should include:

• Reporting procedures for employees to notify their absence
• Requirements for sick notes and self-certification
• Details on sick pay entitlements
• Guidelines for maintaining communication during sick leave
• Support services available for employees
• Procedures for return-to-work interviews
• Management of short-term and long-term absences

Introduce a Monitoring System

Implement a system to monitor and record employee absences. This system should track:

• The number of sick days taken by each employee
• Patterns or trends in absences
• Reasons for absences, distinguishing between authorized and unauthorized leave This data will help in identifying employees with recurring short-term absences or those on long-term sick leave.

Conduct Return-to-Work Interviews

After an employee returns from sick leave, conduct a return-to-work interview to:

• Verify the reasons for their absence
• Discuss any ongoing health issues or concerns
• Offer support and adjustments if needed
• Reinforce the importance of attendance and explain the consequences of excessive absences

Consider Whether Formal Action is Required

If an employee’s absences become frequent or prolonged, evaluate whether formal action is necessary. This includes:

• Assessing whether the absences are due to a capability issue (e.g., genuine health problems) or a disciplinary issue (e.g., unauthorized absences)
• Reviewing the employee’s attendance records and any patterns of absenteeism
• Determining if the absences exceed acceptable levels as per the company’s policy

Invite the Employee to a Meeting

If formal action is deemed necessary, invite the employee to a meeting to discuss their absences. During the meeting:

• Explain the reasons for the meeting and outline the concerns regarding their attendance
• Allow the employee to explain their situation and provide any relevant medical information
• Discuss potential support measures or adjustments to help the employee improve their attendance
• Provide a clear plan of action, including any targets for improvement and the consequences of continued absences

Revisit the Situation

Monitor the employee’s attendance following the initial meeting and revisit the situation if there is no improvement. This may involve:

• Holding follow-up meetings to review the employee’s progress
• Adjusting support measures if necessary
• Providing additional warnings if attendance does not improve

Dismiss the Employee

If the employee’s attendance does not improve despite all efforts and reasonable adjustments, consider dismissal as a last resort. Ensure the dismissal process is fair and follows legal guidelines:

• Conduct a final review meeting to discuss the lack of improvement and the decision to dismiss
• Provide the employee with a written decision and the right to appeal
• Ensure the decision to dismiss is reasonable and justifiable based on the circumstances

Dismissal on the grounds of sickness absence should be carefully considered, especially if the employee has a long-term condition or disability. Seek legal advice to ensure compliance with employment laws and to avoid potential claims of unfair dismissal or discrimination.

Need assistance?

Can an employee be dismissed for being off sick?

Yes, an employee can be dismissed for being off sick, but there are specific conditions and procedures that must be followed to ensure the dismissal is fair and lawful. Here’s a detailed explanation of the considerations and steps involved:

Justifiable Reasons for Dismissal

There are five potentially fair reasons for dismissal, and two of these may apply to cases involving sickness absence:

1. Capability: If an employee is no longer capable of performing their job due to illness or injury.
2. Conduct: If an employee is found guilty of malingering or unauthorized absences.

Capability Dismissal

When an employee is genuinely unfit for work and unable to meet the required attendance levels, dismissal on the grounds of capability may be considered. However, this should only be a measure of last resort. The employer must:

• Conduct a Fair Procedure: Follow a comprehensive and fair capability procedure. This includes absence review meetings, support measures, and an assessment of the employee’s ability to return to work.
• Provide Support: Explore all reasonable adjustments to help the employee return to work, such as modified duties, altered hours, or workplace adaptations.
• Obtain Medical Opinions: Obtain reports from occupational health professionals to understand the employee’s condition and prognosis. Consider any recommendations for supporting the employee.
• Allow Time for Recovery: Give the employee sufficient time to recover and prove their capability to perform their job role.

Misconduct Dismissal

If an employee is suspected of malingering or taking unauthorised absences, disciplinary action can be taken. This involves:

• Investigation: Conduct a full and prompt investigation to gather evidence of unauthorised absences.
• Disciplinary Hearing: Hold a disciplinary hearing where the employee can present their case. Ensure the employee is informed of their right to be accompanied.
• Decision and Appeal: Provide a written decision and allow the employee the right to appeal the decision.

Legal and Fair Procedures

To ensure a dismissal is fair and lawful, employers must:

• Follow the ACAS Code of Practice: Adhere to the guidelines for disciplinary and grievance procedures, ensuring a minimum standard of fairness.
• Document Everything: Keep detailed records of all meetings, communications, and decisions related to the employee’s absence and the dismissal process.
• Consider Disability: Be mindful of the Equality Act 2010. If the employee’s condition qualifies as a disability, ensure all reasonable adjustments are made and avoid discrimination.
• Provide Warnings: Before dismissing for persistent short-term absences, issue formal warnings outlining the attendance expectations and consequences of non-compliance.

Sickness absence & disciplinary action FAQs

How many sick days before disciplinary (UK)?

There is no legally mandated number of sick days an employee can take before disciplinary action can be considered in the UK. Instead, the decision depends on the circumstances of each case and the specifics of the company’s sickness absence policy.

Can you be disciplined for being sick UK?

Yes, an employee can be disciplined for being sick in the UK, but the circumstances under which this occurs must be handled with care to ensure the process is fair, reasonable.