Sickness Absence, Disability and Reasonable Adjustments: A Practical Guide for Employers

Sickness absence is one of the most common and difficult issues employers have to manage. Whether an employee is off for a few days, has repeated short-term absences, is signed off with stress, or is absent because of a longer-term health condition, employers need to balance operational needs with legal duties and fair treatment. 

For employers, this is not simply an absence management issue. It involves sickness absence policies, statutory sick pay, disability discrimination risk, reasonable adjustments, occupational health, capability procedures, workplace culture and careful communication. 

Recent data underlines why this matters. The Office for National Statistics reported that an estimated 148.8 million working days were lost because of sickness or injury in 2025, with a sickness absence rate of 2.0%. The Health and Safety Executive has also reported that work-related stress, depression or anxiety remains a major cause of working days lost. Employers therefore need practical systems for managing absence fairly and consistently. 

This article considers the key issues employers should be aware of when managing sickness absence, disability and reasonable adjustments in the workplace. 

What Is Sickness Absence Management? 

Sickness absence management is the process an employer uses to record, monitor and respond to employee absence due to illness or injury. It may include absence reporting rules, return-to-work meetings, trigger points, occupational health referrals, phased returns, adjustments and, in some cases, formal capability procedures. 

The important point for employers is that sickness absence should not be treated as one single issue. A one-off absence for flu is very different from repeated short-term absences, long-term absence, work-related stress, disability-related absence or absence connected to pregnancy. 

Employers should therefore avoid a purely mechanical approach and consider their obligation to make reasonable adjustments for employees with disabilities. Absence policies are useful, but they should be applied with judgment, particularly where health conditions, disability or mental health concerns may be involved. 

Why Should Employers Take Sickness Absence Seriously? 

There are several reasons employers should take sickness absence seriously. 

First, there is the operational risk. Absence can affect staffing, service delivery, workloads, morale and productivity, and overall wellbeing of disabled people in the organisation. If absence is not managed properly, other employees may be left covering work for long periods, which can create further stress and resentment. 

Secondly, there is the legal risk. Sickness absence may involve statutory sick pay, disability discrimination, pregnancy and maternity protection, unfair dismissal, personal data, health data and reasonable adjustments. 

Thirdly, there is the management risk. If an employer is too slow to manage absence, problems can drift. If an employer moves too quickly to formal action, it may appear insensitive or unfair. The aim should be to manage disability-related sickness absence early, consistently and lawfully. 

Statutory Sick Pay and Policy Updates 

Employers should make sure their sickness absence policies and payroll systems reflect the current statutory sick pay rules. 

From 6 April 2026, statutory sick pay is payable from the first day of sickness absence, rather than the fourth day, and the lower earnings limit has been removed. Acas guidance also states that statutory sick pay is now either the flat weekly rate or 80% of the worker’s average weekly earnings, whichever is lower. 

This means employers should review their sickness absence policies, payroll processes, employee handbooks and manager guidance. Policies that still refer to waiting days or outdated eligibility rules may need to be updated. 

Employers should also ensure managers understand the difference between sickness absence reporting, statutory sick pay entitlement, company sick pay and the separate question of whether absence may be disability-related. 

Short-Term Absence and Trigger Points 

Repeated short-term absence can be particularly difficult to manage, and may lead to concerns about the employee’s return to work. Each individual absence may be short, but the overall pattern may cause disruption and create concerns about reliability, workload and business continuity. 

Many employers use trigger points, such as a certain number of absences within a rolling period, to prompt a review. Trigger points can be useful, but they should not be applied automatically without considering the circumstances. 

Employers should consider: 

• whether the employee has explained the absences; 

• whether there is an underlying medical condition; 

• whether the absences may be disability-related; 

• whether occupational health advice is needed; 

• whether adjustments to trigger points should be considered; 

• whether the employee has been treated consistently with others. 

A trigger point should usually trigger a conversation, not an automatic warning. This is particularly important where the employee may have a disability or where absence is linked to stress, mental health or a long-term health condition. 

Long-Term Absence and Capability 

Long-term sickness absence can place employers in a difficult position. Employers may want to support the employee, but they also need to understand whether the employee is likely to return, when they may return, what work they may be able to do and whether adjustments are possible. 

In long-term absence cases, employers should usually keep in reasonable contact with the employee, obtain medical evidence where appropriate, consider occupational health advice, explore reasonable adjustments and review whether a phased return or alternative duties may be possible. 

Dismissal for long-term absence may be possible in some circumstances, but it is high risk if the employer has not followed a fair process. Before moving towards dismissal, employers should consider: 

• the medical evidence; 

• the likely timescale for return; 

• the impact of the absence on the business; 

• whether the employee is disabled under the Equality Act 2010; 

• si des ajustements raisonnables ont été envisagés ; 

• whether alternative roles or duties are available; 

• whether the employee has had a proper opportunity to comment. 

Employers should take advice before dismissing an employee who is absent because of a long-term health condition, particularly where disability may be an issue. 

Disability and Reasonable Adjustments 

A key risk in sickness absence cases is failing to recognise when absence may be connected to a disability, particularly in relation to the equality and human rights commission guidelines. 

Under the Equality Act 2010, a person is disabled if they have a physical or mental impairment which has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities. Not every illness will amount to a disability, but employers should be cautious where an employee has a long-term condition, recurring symptoms, mental health issues, neurodivergence, chronic pain or other ongoing health difficulties. 

Acas guidance explains that reasonable adjustments are changes an employer makes to remove or reduce a disadvantage related to someone’s disability. In an absence context, adjustments might include modifying trigger points, discounting some disability-related absence, changing duties, adjusting hours, allowing homeworking, providing equipment, altering targets or allowing a phased return. 

Reasonable adjustments should be considered on an individual basis. What is reasonable will depend on the employee’s condition, the role, the size and resources of the employer, the practical impact of the adjustment and whether it would reduce the disadvantage. 

Occupational Health, Medical Evidence and Phased Returns 

Occupational health can be very useful where absence is ongoing, complex or linked to a possible disability. It can help employers understand the employee’s condition, likely return-to-work timescale, fitness for work and potential adjustments. 

Employers should be clear about the questions they want occupational health to answer. For example, they may ask whether the employee is fit to return, whether a phased return is recommended, whether adjustments are needed, whether the condition may be long-term and whether there are any restrictions on duties. 

A phased return can often help an employee come back to work safely after a period of sickness absence. This may involve reduced hours, reduced duties, lighter responsibilities, temporary homeworking or a gradual increase in workload. 

Employers should document any agreed return-to-work plan and review it regularly. A phased return should not simply be agreed and then forgotten. 

Mental Health, Stress and Work-Related Absence 

Mental health and stress-related absence can be particularly sensitive. Employees may be reluctant to discuss the issue, and managers may feel unsure about what they can ask. 

Employers should approach these cases carefully and supportively, especially when considering the implications of disability leave. They should consider whether work may be contributing to the problem, whether workload, management style, bullying, conflict, working hours or organisational change may be relevant, and whether a stress risk assessment is needed. 

Where an employee raises work-related stress, employers must make reasonable adjustments and should not dismiss the concern as simply a personal issue. Even if the employer does not agree with the employee’s view, the concern should be explored properly. 

Practical support might include regular check-ins, workload adjustments, temporary changes to duties, occupational health input, access to an employee assistance programme, management training or mediation where workplace conflict is involved. 

Les erreurs courantes des employeurs 

Les employeurs doivent être particulièrement attentifs à éviter les erreurs suivantes : 

• applying absence trigger points too rigidly; 

• failing to consider whether absence is disability-related; 

• not obtaining medical or occupational health advice where needed; 

• moving to warnings or dismissal too quickly; 

• failing to keep in reasonable contact during long-term absence; 

• asking inappropriate or overly intrusive medical questions; 

• not considering reasonable adjustments; 

• failing to review phased returns or adjustments; 

• treating mental health absence as less serious than physical illness; 

• using outdated sickness absence or statutory sick pay policies; 

• failing to train managers on absence and disability issues. 

Many disputes arise not because the employer intended to treat someone unfairly, but because managers failed to pause, ask the right questions and take advice before acting. 

Mesures pratiques pour les employeurs 

Employers should consider taking the following steps now: 

1. Review sickness absence policies and statutory sick pay wording. 

2. Check payroll systems reflect the current statutory sick pay rules. 

3. Train managers on short-term absence, long-term absence and disability risk. 

4. Use return-to-work meetings consistently. 

5. Treat trigger points as prompts for review, not automatic sanctions. 

6. Consider occupational health input in complex or long-term cases. 

7. Review whether absence may be disability-related. 

8. Consider reasonable adjustments before issuing warnings or moving to dismissal. 

9. Keep clear records of meetings, medical evidence, adjustments and decisions. 

10. Take advice before dismissing an employee whose absence may be linked to disability, pregnancy, mental health or work-related stress. 

Taking these steps can reduce legal risk and help employers manage  disability-related sickness absence in a fair, consistent and commercially sensible way. 

Conclusion 

Sickness absence, disability and reasonable adjustments are issues employers cannot afford to handle casually. Handled poorly, they can lead to grievances, discrimination claims, unfair dismissal claims, staff relations problems and avoidable management disruption. Handled properly, they allow employers to support employees while protecting the needs of the business. 

The key for employers is to act early, avoid assumptions and consider the individual circumstances. Absence policies are important, but they must be applied with care where disability, mental health, pregnancy, stress or long-term health conditions may be involved. 

At Ronald Fletcher Baker, our Employment Team advises employers on sickness absence, disability discrimination, reasonable adjustments, occupational health, capability procedures, dismissals, workplace policies and employment tribunal claims. If you require advice on managing sickness absence or reviewing your absence and disability procedures, we can help you assess the risks and identify a practical way forward.