Employee sickness and absence
An Employee Keeps Going Off Sick
Short, frequent absences or a long stretch with no clear return date. You want to be supportive, but the situation is affecting the team and the business cannot carry it indefinitely.
If this feels familiar, you are not alone
They go off, come back, then go off again. Each time you are not sure how long it will be.
Or they have been off for weeks now, you have had a few check-in calls, but there is no sign of a return date.
You are trying to be a reasonable employer. But in the meantime, other people are picking up the work, morale is starting to dip, and you are no closer to knowing what happens next.
The difficulty is that absence is one of the areas where getting the process wrong, even with good intentions, can create serious legal exposure. Acting too fast, saying the wrong thing in a message, or failing to follow a proper procedure are all common mistakes.
What usually happens when this gets left too long
- The situation becomes normalised and harder to address fairly
- Other employees lose confidence in how the business handles things
- The absence continues without a clear end point or process
- A rushed or poorly handled return triggers a grievance
- Dismissal without following the right process leads to an employment tribunal claim
- Disability discrimination risk increases if adjustments have not been properly considered
What to do next, in plain terms
- 1
Keep meaningful contact
Regular, supportive contact during absence is important. Not pressuring for a return date, but keeping the relationship open. Document every contact you make.
- 2
Get proper medical information
You cannot manage this situation properly without understanding the medical picture. An occupational health referral is often the right move, even when the absence is short-term repeated rather than long-term.
- 3
Consider reasonable adjustments
Before any formal process, consider whether changes to the role, hours, or working environment might help. This is particularly important where a disability may be involved.
- 4
Follow a proper capability process
If the absence is not going to resolve, a fair capability procedure must be followed before any decision is made. This includes meetings, the right to be accompanied, and a staged process.
Common questions
Questions business owners ask about this
Can I dismiss an employee who keeps going off sick?+
Possibly, but only after following a proper process. This includes regular contact, obtaining medical information, considering reasonable adjustments, and following a fair capability procedure. Dismissing without this in place creates serious legal risk.
How long do I have to wait before doing something about long-term sickness absence?+
There is no fixed period. What matters is whether you have followed a fair process, maintained contact, and considered all reasonable options. Acting too early without proper process is just as risky as leaving it too long without any contact.
What should I do when an employee is signed off sick with stress or anxiety?+
Keep contact open and supportive. Do not put pressure on a return date. Seek medical information. Consider whether workplace factors may have contributed. Document everything carefully. Getting this wrong can lead to a grievance or disability discrimination claim.
Do I have to pay a sick employee indefinitely?+
No. Statutory sick pay has a limit, and contractual sick pay depends on what the employee's contract says. However, stopping pay does not end your duty to manage the situation fairly or protect you from a claim if the process is not followed.
What if there is no HR department to handle this?+
Most small business owners deal with these situations without an internal HR function. That is exactly where specialist support helps. Getting the process right from the start prevents it becoming an expensive problem.
You might also be dealing with
These situations often come up alongside each other.
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