Long Term Sickness Employment Rights Guide for UK Employers
Understanding long term sickness employment rights is essential for every UK employer. When a valued employee is absent for an extended period due to illness, balancing compassion with business needs becomes a legal and practical challenge. As employment law specialists, we help employers confidently manage these situations while remaining compliant and fair.
What Are Long Term Sickness Employment Rights?
Employees on long-term sick leave are protected by several employment rights. While there’s no fixed legal definition of “long term,” absence over four weeks is generally treated as such. Employers must be aware of key rights surrounding:
- Statutory Sick Pay (SSP) and company sick pay
- Fair dismissal processes
- Disability discrimination protections
- Reasonable adjustments under the Equality Act 2010
Not understanding or mishandling these areas can lead to legal claims, costly tribunals, and reputational damage. That’s why it’s vital to stay informed and take professional advice early on.
Statutory and Company Sick Pay Entitlements
One of the first issues employers ask about regarding long term sickness employment rights is sick pay. Employees may be entitled to Statutory Sick Pay (SSP) for up to 28 weeks if they meet eligibility criteria. Some businesses offer enhanced company sick pay, which should be detailed in contracts or handbooks.
Keep in mind:
- SSP is currently £116.75 per week (as of April 2025)
- It’s paid by the employer, not the government
- Fit notes from a GP are required after 7 consecutive days of absence
Ensuring payments are correct and timely is part of your legal duty. If an employee exhausts their sick pay entitlement, further steps must be considered.
Managing Communication During Long-Term Absence
Maintaining regular, supportive contact is crucial. Employers are often hesitant, fearing they may be seen as harassing or pressuring the employee. However, staying in touch is both appropriate and necessary – provided it’s handled sensitively.
At EBS Law, we always recommend:
- Agreeing on a communication plan early on
- Keeping notes of all conversations
- Signposting support options (e.g. occupational health)
Employees mustn’t be left feeling isolated. Communication helps employers plan for business continuity while exploring possible return-to-work options.
Disability Discrimination and Reasonable Adjustments for Long Term Sickness Employment Rights
If the employee’s illness amounts to a disability under the Equality Act 2010, employers have a legal duty to make reasonable adjustments. This is one of the most critical aspects of long term sickness employment rights.
Reasonable adjustments might include:
- Changing working hours
- Modifying equipment or duties
- Allowing a phased return to work
Failing to make adjustments could result in a discrimination claim. It’s not always straightforward to know what’s “reasonable” – that’s where specialist advice becomes invaluable.
Dismissing an Employee on Long Term Sick Leave
Can an employer dismiss someone who’s been off sick for months? The short answer is yes – but only if you follow a fair, lawful process. Long term sickness employment rights do not make dismissal impossible, but they do make it high-risk without proper procedures.
Capability Dismissals and Fair Procedures for Long Term Sickness Employment Rights
Dismissal due to ill health falls under “capability” – one of the potentially fair reasons under the Employment Rights Act 1996. However, fairness depends on following a reasonable process. Before considering dismissal, employers must:
- Obtain medical evidence (e.g. GP or occupational health)
- Consult with the employee
- Consider all reasonable adjustments and alternatives
- Hold formal meetings and provide the right to appeal
Each case is different, but dismissing too early – or without evidence – may be unfair or discriminatory.
Understanding Fit Notes and Medical Advice
Fit notes are a key part of managing long-term absence. If the GP states the employee is “not fit for work,” that shouldn’t be the end of the discussion. Medical reports may reveal:
- The employee may be fit for some duties
- Temporary adjustments that would help
- Potential timeframes for return
Employers should engage constructively with medical advice. If the employee refuses to engage or provide medical evidence, that may eventually justify further steps.
If you would like free advice, John Bloor and the team are here to help. Call John today on 01625 875587 or email enquiries@ebslaw.co.uk for tailored support.
Phased Return to Work and Alternative Roles
In many cases, a phased return can support recovery while easing employees back into the workplace. This may involve reduced hours or lighter duties. Employers should discuss and agree a return-to-work plan and document all arrangements.
Where the original role is no longer suitable, consider alternative roles. The aim is to support the employee’s health while meeting business needs – again, this may form part of the duty to make reasonable adjustments under long term sickness employment rights.
How EBS Law Supports Employers Regards Long Term Sickness Employment Rights
At EBS Law, we specialise in supporting employers through long-term sickness issues. We provide:
- Practical legal advice tailored to your business
- Drafting of letters, policies, and documentation
- Step-by-step guidance on fair procedures
Whether you need help managing absence, seeking medical advice, or considering dismissal, we’re here to protect your business every step of the way.
Need Expert Advice on Long Term Sickness Employment Rights?
Every situation is unique, and the risks of getting it wrong are high. At EBS Law, we work exclusively with employers – providing clear, practical advice and hands-on support for all HR and legal matters.
To learn more, visit our recent blog articles:
- Employee Sickness Management – guidance on managing long‑term and short‑term illness absence
- Settlement Agreement Discussions – addressing grievances or disputes prior to termination
- Employment Tribunal Representation Manchester – support for tribunal claims, including constructive dismissal linked to sickness
Contact John Bloor today for expert support at EBS Law. We’re here to ensure your business stays protected every step of the way. Call 01625 874400 or email enquiries@ebslaw.co.uk.