Long-term sickness absence is one of the most legally sensitive situations any UK employer faces. It involves employment law, discrimination law, health and safety obligations, and data protection duties — often all at the same time. And it is becoming more common. Average sickness absence in the UK rose to 9.4 days per employee in 2025, a record high, with mental health conditions accounting for a growing share of long-term cases.
For small and medium-sized businesses in particular, a single prolonged absence can have a disproportionate impact on operations, team morale, and costs. But the legal consequences of mishandling it can be worse. This guide explains what UK employers must do, what they must not do, and how to build a process that is both compassionate and legally defensible.
What Counts as Long-Term Sickness Absence?
There is no statutory definition of long-term sickness absence in UK employment law. In practice, most employers treat continuous absence of four weeks or more as long-term for management purposes. However, the label matters less than the response. Once absence extends beyond the short-term stage, a more structured approach is required — one that considers medical evidence, legal obligations, and the individual’s circumstances.
Your Legal Obligations
Managing long-term sickness involves several overlapping legal duties that must all be considered simultaneously:
Statutory Sick Pay
From 6 April 2026, Statutory Sick Pay (SSP) becomes payable from the first day of absence, at a rate of £123.25 per week. The previous three-day waiting period is removed, and the lower earnings limit is abolished — meaning more employees will qualify, including part-time and lower-paid staff. SSP is payable for up to 28 weeks. After that, the employee moves onto other benefits and the employer’s obligation to pay SSP ends, though employment obligations continue.
The Equality Act 2010
This is where many employers unknowingly create their greatest legal exposure. If an employee’s condition amounts to a disability under the Equality Act — defined as a physical or mental impairment that has a substantial and long-term adverse effect on their ability to carry out day-to-day activities — the employer has a duty to make reasonable adjustments. This duty is significant and applies regardless of whether the employer is aware the condition constitutes a disability.
Common reasonable adjustments include phased returns to work, amended duties, reduced hours, changes to a workstation, or redeployment to a different role. Failure to consider or offer reasonable adjustments is one of the most common grounds for disability discrimination claims.
The Duty to Keep in Contact
Employers are expected to maintain reasonable, supportive contact with employees during a period of long-term absence. What is reasonable will depend on circumstances, but disappearing entirely — or conversely, contacting the employee so frequently it becomes intrusive — both carry risk. Regular welfare calls, documented thoughtfully, demonstrate that the employer is managing the situation with care and evidence of that care will matter if the situation later becomes a dispute.
Medical Evidence and Occupational Health
Fit notes from a GP provide limited clinical information. For long-term absence, employers should consider commissioning an occupational health assessment. An occupational health report provides independent medical opinion on the employee’s condition, their prognosis, their fitness for work, and any adjustments that might support a return. This evidence is essential for making defensible capability decisions and for demonstrating that reasonable adjustments were genuinely considered.
The Capability Process
At some point, if absence shows no sign of resolving, employers may need to consider formal capability proceedings. This is the stage where legal risk is highest — and where most mistakes are made. A capability dismissal for ill health can be fair, but only where the employer has:
- Obtained up-to-date medical evidence, usually via occupational health
- Genuinely considered reasonable adjustments under the Equality Act
- Consulted with the employee about their condition, prognosis, and views
- Explored alternatives to dismissal, including redeployment or amended duties
- Given the employee a fair hearing with the right to be accompanied
- Documented every stage of the process clearly and consistently
Where employers fail to follow this process — particularly where they fail to consider the Equality Act implications — even a technically justified dismissal can result in a successful tribunal claim. From January 2027, the qualifying period for unfair dismissal falls from two years to six months, and the compensation cap is removed. The stakes for getting this wrong are rising significantly.
What Has Changed From April 2026
The SSP reforms under the Employment Rights Act 2025 take effect from 6 April 2026. Key changes for employers managing long-term absence include:
- SSP payable from day one — the three waiting days are removed
- Lower earnings limit abolished — all eligible employees qualify, including part-time staff
- SSP rate rises to £123.25 per week (up from £118.75)
- Lower earners receive either 80% of average weekly earnings or the standard SSP rate, whichever is lower
Employers whose absence policies still reference waiting days, earnings thresholds, or the old SSP rate will be providing incorrect information from April 2026. Policy updates must be in place before that date.
Building a Practical Long-Term Absence Management Process
The following steps provide a framework for managing long-term absence in a way that is both legally compliant and genuinely supportive:
- Initiate a formal absence review once absence reaches four weeks — document the trigger and the review
- Request an occupational health referral with the employee’s consent
- Hold regular welfare meetings — keep records of each one, including what was discussed and agreed
- Assess the Equality Act position — does the condition constitute a disability, and if so, what adjustments are reasonable?
- Keep the employee informed about pay — what they are receiving, when SSP ends, and what happens next
- Once medical opinion suggests little prospect of return, begin a structured capability process with proper HR advice
- Issue a formal outcome letter following any capability hearing, with right of appeal
When to Seek HR Support
Long-term sickness cases should not be managed by line managers without HR guidance. The legal complexity, the Equality Act implications, and the documentation requirements all demand a structured approach that most managers are not trained to deliver without support.
For businesses without in-house HR, an outsourced HR consultancy provides the expertise needed to manage these situations correctly — from the initial absence review through to any capability process — while keeping the business protected at every stage.
Clear Path Solutions provides specialist absence management support for UK employers, including policy reviews, occupational health referral guidance, and end-to-end capability process management. Get in touch: sales@clearpathuk.co.uk | 07544 732980
