Employer Rights
Please note, this information provided below is for general guidance only and does not constitute legal advice; it should not be relied upon as a substitute for independent professional or legal advice.
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Employers have the right to manage and monitor sickness absence to ensure services can operate effectively. This includes requiring staff to follow sickness reporting procedures, requesting fit notes after 7 days, keeping reasonable contact during absence, holding return‑to‑work meetings, and using absence review or trigger points. Employers may limit sick pay to statutory or contractual entitlements and, where absence is long‑term or persistent, may take formal action through a fair capability process, including dismissal as a last resort.
Where illness amounts to a disability under the Equality Act 2010, employers still retain the right to manage attendance and performance, but must also consider and implement reasonable adjustments where appropriate. Employers can decide what is reasonable based on practicality, cost, and business needs, and are not required to make changes that are ineffective or unreasonable. Dismissal can still be lawful if all reasonable steps have been taken and continued employment is no longer viable, provided the process is fair and non‑discriminatory.
ACAS guidance:
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