Managing Frequent Staff Sickness: An Employer’s Guide

It’s 8:15 on a Monday morning when that familiar notification pings on your phone, and suddenly your carefully planned weekly schedule is in tatters. You find yourself asking the same frustrating question: “The employee keeps calling in sick. What can I do?” It’s a situation that breeds resentment amongst your wider team and leaves you worried about the potential for a costly tribunal claim. At Altum HR, we understand that balancing empathy for a colleague’s health with the operational needs of your business is a delicate act. You want to be a supportive employer, but you also need to protect your workflow and your bottom line from the rising costs of absence.

This guide from Altum HR provides a clear, step-by-step framework to help you manage persistent short-term absence with confidence. We’ll show you how to navigate the latest regulatory shifts, including the 2026 abolition of SSP waiting days and the launch of the Fair Work Agency, whilst maintaining a compassionate culture. By following a structured process, you can reduce absence levels and secure your business against legal risks. We’ll explore everything from return-to-work interviews to using bespoke software that takes the emotion out of tracking, ensuring your management remains both professional and legally robust.

Key Takeaways

• Learn to distinguish between conduct and capability issues to ensure you apply the correct legal framework for every absence pattern.
• Discover how to set clear trigger points within your sickness policy to provide a consistent, fair, and robust defence at an Employment Tribunal.
• Master the Return to Work interview as your most proactive strategy for when the employee keeps calling in sick. What can i do? This guide provides the professional framework needed for these vital discussions.
• Gain a step-by-step process for moving from informal support to formal disciplinary or capability procedures whilst protecting your business from operational disruption.

Understanding the Pattern: Is it a Conduct or Capability Issue?

When you’re faced with a situation where the employee keeps calling in sick. What can i do?, the first step is diagnostic. You need to distinguish between long-term sickness, which involves a single prolonged period of absence, and intermittent short-term absence. Intermittent absence is often more disruptive to team morale and resource planning because it’s unpredictable and harder to cover. Identifying the nature of the pattern is the foundation of any successful resolution.

In UK employment law, we categorise these issues as either “Capability” or “Conduct”. Capability applies when an employee is genuinely unwell and physically or mentally unable to perform their duties. Conduct applies when an employee has the capacity to work but chooses not to, often referred to as malingering. Each path requires a distinct legal approach. Choosing the wrong route can lead to procedural errors that are difficult to rectify later.

Look for a habitual pattern of absence. This might manifest as the “Monday morning flu” or mysterious illnesses that coincide with bank holidays and major sporting events. To quantify this disruption, many of our clients use the Bradford Factor within our HR software. This formula weights frequent short absences more heavily than one long spell, helping you identify exactly where the most significant operational damage is occurring.

Malingering vs. Genuine Ill Health

Investigating suspicious patterns doesn’t mean making blind accusations. Instead, it involves a thorough review of evidence and return-to-work interviews. Under UK law, an employer doesn’t need absolute medical proof of dishonesty; they need a “reasonable belief” based on a fair investigation. When you ask, “the employee keeps calling in sick. What can i do?”, the answer often lies in the consistency of their explanations and the frequency of their “red flag” days. Malingering is a conduct issue that can lead to formal disciplinary action if the evidence suggests the absence was not genuine.

The Impact of Disability and the Equality Act 2010

You must tread carefully if a health condition constitutes a disability under the Equality Act 2010. If frequent absences are linked to a disability, you have a legal duty to explore “reasonable adjustments” before proceeding with formal warnings. This might include flexible working hours, phased returns, or specialised equipment. Navigating these nuances is vital to avoid discrimination claims and ensure you’re supporting your staff effectively. Our Employment Law Advice provides the specific guidance needed to ensure your actions are both fair and legally compliant.

Implementing a Robust Absence Management Procedure

A written Sickness Absence Policy serves as your primary shield should you ever face an Employment Tribunal. It transforms vague management frustrations into a structured, transparent process. When a manager asks, “the employee keeps calling in sick. What can i do?”, the policy provides the immediate, objective answer. By setting clear trigger points, such as three absences in a rolling six-month period, you remove the guesswork from when an informal chat must escalate into a formal meeting. This consistency is vital. Applying rules unevenly across your team creates fertile ground for claims of favouritism or, worse, discrimination. Using modern HR Software allows you to automate these triggers and track self-certification periods without the emotional bias that often clouds manual records.

Essential Elements of a Sickness Policy

Your policy must be specific to be effective. It should dictate exactly who the employee must contact and by what time on their first day of absence. Relying on a casual text message to a colleague isn’t sufficient for a professional organisation. You also need to define when evidence is required. Whilst employees can self-certify for the first seven days, patterns of frequent short-term absence often benefit from an Occupational Health referral. This provides an expert medical opinion on whether the individual is fit for their specific role, offering a level of clarity that a standard GP Fit Note might lack.

Statutory Sick Pay (SSP) and Compliance in 2026

Compliance with the Employment Rights Act 2025 is non-negotiable for UK businesses. As of 6 April 2026, the statutory weekly rate for SSP is £123.25. Crucially, the three-day waiting period has been abolished. Employees are now entitled to SSP from the very first day of their sickness. This change means that even a single day of absence now carries a direct financial cost to the employer from day one. For those looking for historical context on how these rules have evolved, our Statutory Sick Pay (SSP) 2025: Employer Guide remains a useful resource. Ensuring your payroll is aligned with these 2026 updates is essential to avoid unlawful deduction of wages claims. If you feel overwhelmed by these regulatory shifts, our team can help you review your current hr policies and contracts to ensure full compliance.

Managing the Return to Work and Addressing Underlying Causes

The Return to Work (RTW) interview is arguably the most powerful tool in your HR arsenal. It bridges the gap between an employee’s absence and their reintegration into the team. If you’re frequently asking yourself, “the employee keeps calling in sick. What can i do?”, the answer often begins with a robust return-to-work strategy. These meetings must be conducted professionally and supportively, yet they need to remain firm regarding the impact the absence has on the wider business. By exploring potential root causes like work-related stress, bullying, or burnout, you transition from reactive management to proactive problem-solving. Our Absence Management services often provide the external perspective needed to navigate these emotionally charged discussions.

The Psychology of the RTW Interview

The mere existence of a formal RTW process acts as a significant psychological deterrent against “casual” sickness. When an employee knows they’ll have to sit down and explain their absence every time they return, the threshold for calling in sick naturally rises. During these meetings, ask open-ended questions that encourage honesty whilst maintaining professional boundaries. It’s vital to document these conversations meticulously to create a clear paper trail. This documentation is essential if you later need to initiate formal Disciplinary Procedures.

Supporting Mental Health and Work-Life Balance

Effective management requires distinguishing between “presenteeism”, where staff work while ill, and frequent short-term absence. Both are symptoms of a potentially unhealthy work environment. Offering flexible working arrangements or phased returns can be a strategic tool to reduce the total number of days lost to sickness. However, you might encounter a situation where an employee claims their illness is “caused by work”. In these instances, a neutral, fact-based approach is required to assess the claim and determine if workplace adjustments are necessary or if the issue remains a matter of conduct.

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When to Take Formal Action: Disciplinary vs. Capability

When informal support and return-to-work discussions fail to improve attendance, you must transition to a formal procedure. You’ve likely reached the point where you’re asking, “the employee keeps calling in sick. What can i do?” with a sense of urgency. This is where your earlier documentation becomes vital. If the pattern suggests a conduct issue, you’ll follow your disciplinary policy. However, if the individual is genuinely too ill to perform their role, you must initiate a “Capability Procedure”. This process is designed to manage those who simply cannot do their jobs due to health, rather than those who choose not to. It’s a subtle but legally critical distinction.

Moving towards dismissal is a high-risk strategy that requires careful navigation. With the maximum compensatory award for ordinary unfair dismissal reaching £123,543 as of April 2026, the financial stakes for your business are significant. You must explore all alternatives, such as redeployment or permanent adjustments, before terminating employment. For complex or high-risk cases, having On-Site HR Support during the final hearings provides an extra layer of security, ensuring every procedural step is handled with clinical precision and professional composure.

The Formal Hearing Process

Employees have a statutory right to be accompanied by a colleague or trade union representative at any hearing that could result in a formal warning or dismissal. Skipping this step is a common error that often leads to lost cases. You’ll typically issue a first written warning, followed by a final written warning, before reaching dismissal with notice. For a deeper dive into these mechanics, see The Employer’s Guide to Handling a Disciplinary Process Fairly and Legally.

Protecting Your Business from the Employment Tribunal

Most employers lose at tribunal because of “procedural unfairness” rather than the reason for dismissal itself. Even if the employee’s attendance was objectively poor, failing to follow your own policy or the ACAS Code of Practice can be fatal to your defence. The launch of the Fair Work Agency in April 2026 has increased the scrutiny on how sick pay and absence are managed. Maintaining comprehensive notes and evidence of the support you’ve offered is your best defence. If you’re already facing a claim, our Employment Tribunal Defence services offer the expert protection SMEs need to navigate these stressful regulatory challenges.

Securing Your Business Through Structured Support

Managing persistent absence isn’t about being a rigid disciplinarian; it’s about creating a fair environment where every team member is supported and held to the same professional standard. We’ve explored how to differentiate between genuine health issues and conduct concerns, the strategic importance of return-to-work interviews, and the necessity of a robust policy that aligns with the latest 2026 regulations. When you find yourself asking, “The employee keeps calling in sick. What can i do?”, remember that a clear, documented process is your best defence against both operational disruption and legal risk.

By integrating bespoke HR software for precise tracking and relying on expert Employment Law guidance for those difficult disciplinary hearings, you can navigate these challenges with total confidence. You don’t have to manage these complexities alone. We act as your proactive partner, ensuring your organisation remains stable and compliant whilst you focus on achieving your long-term goals.

Secure your business with expert HR support and absence management from Altum HR

Take the first step towards a more resilient workforce today. With the right support, you can transform administrative burdens into a vital catalyst for your company’s stability and growth.

Frequently Asked Questions

Can I fire an employee for calling in sick too often in the UK?

Yes, you can dismiss an employee for persistent sickness, but only after following a fair and transparent process. If the absences are genuine, this is managed through a capability procedure; if they are found to be dishonest, it becomes a conduct issue. When the employee keeps calling in sick. What can i do? is your main concern, you must ensure you’ve provided warnings and explored reasonable adjustments to avoid costly unfair dismissal claims.

How many sick days is ‘too many’ before I can start a disciplinary?

UK law doesn’t define a specific number of days, so you must set clear trigger points within your own sickness policy. Many businesses use markers such as three absences in six months or a specific Bradford Factor score to initiate formal discussions. Having these predefined limits ensures you treat every team member consistently, which is your primary defence against allegations of favouritism or discrimination during a tribunal.

What happens if an employee calls in sick during a disciplinary process?

Sickness doesn’t automatically halt a disciplinary process, but you must act with reasonable caution. If an employee claims they are too unwell to attend a hearing, you should ask for medical evidence specifically addressing their fitness to participate. You might postpone the meeting once, but if the absence persists, you can eventually proceed in their absence. In these cases, offer them the chance to submit a written statement or send a representative.

Do I have to pay Statutory Sick Pay (SSP) for every single day they are off?

As of 6 April 2026, you are liable for Statutory Sick Pay (SSP) from the very first day of an employee’s absence. The previous three-day waiting period has been abolished, meaning even a single day of sickness triggers payment at the current rate of £123.25 per week. This change applies to all employees regardless of their earnings, so it’s essential to update your payroll processes to remain compliant with the latest UK regulations.

Can I ask an employee for a doctor’s note for a one-day absence?

Under standard UK rules, employees have the right to self-certify for the first seven days of any illness. You can’t usually insist on a GP-issued Fit Note for a one-day absence, as doctors are rarely willing to provide them for such short periods. Instead, ensure your policy requires a self-certification form and a return-to-work interview. These internal documents provide the necessary evidence to track patterns and address any emerging concerns professionally.

What is the Bradford Factor and is it legal to use for dismissals?

The Bradford Factor is a legitimate mathematical formula used to highlight the disruptive impact of frequent, short-term absences. While it’s legal to use as a trigger for management meetings, it should never be the sole reason for dismissal. You must always conduct a full investigation into the reasons behind the score. This is especially important if the absences are linked to a disability, as you’ll need to consider reasonable adjustments under the Equality Act 2010.

Article by

Josephine Broadstock

Josephine Broadstock is the Founder of Altum HR and a recognised thought leader in HR strategy and operational delivery. With a career grounded in employment law and hands-on business support, Josie has built a reputation for helping organisations move beyond transactional HR into truly strategic, commercially aligned people management.

At the core of Josie’s approach is a belief that HR should not sit in isolation—it should actively drive business performance. She works closely with business owners and leadership teams to understand how their organisations function in practice, not just on paper, enabling the design and implementation of people strategies that are both legally robust and operationally effective.

Josie specialises in translating complex employment law and HR challenges into clear, practical solutions that support growth, reduce risk, and improve organisational efficiency. Her work often focuses on bridging the gap between policy and execution—ensuring that processes are not only compliant but also embedded into day-to-day operations in a way that adds measurable value.

Through Altum HR, Josephine leads a team of highly qualified consultants who share her commitment to quality, personalisation, and commercial impact. She is particularly passionate about raising standards within the HR industry, advocating for a more consultative, expert-led approach that prioritises long-term business outcomes over quick fixes.

As an author, Josie shares insights on employment law developments, operational best practice, and real-world HR challenges, offering business leaders practical guidance they can apply immediately. Her content is designed to cut through complexity and provide clarity in an ever-evolving workplace landscape.