How to manage long-term sickness absence

Maintain regular, supportive contact with the employee throughout their absence. This does not mean pressuring them to return — it means keeping the line of communication open, showing that you value them, and keeping them informed of any workplace developments. Agree a communication plan with the employee (frequency, method, who will make contact).

Request a fit note (GP certificate) after the first 7 days of absence. For longer absences, consider requesting a medical report from the employee's GP or an independent occupational health (OH) assessment. To request a GP report you need the employee's written consent under the Access to Medical Reports Act 1988. An OH assessment can provide practical guidance on adjustments that might facilitate a return.

If the employee's condition may amount to a disability under the Equality Act 2010 — a physical or mental impairment that has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities — you have a duty to make reasonable adjustments. Dismissing a disabled employee without first considering and implementing reasonable adjustments is likely to be disability discrimination.

Hold periodic welfare meetings with the employee (with their agreement) to discuss their health, prognosis for return, and any support the employer can offer. These meetings are supportive — not disciplinary. The employee may bring a companion. Document the meetings carefully.

Before considering dismissal, explore whether reasonable adjustments could enable the employee to return. Adjustments might include: a phased return to work; reduced hours; different duties; different location; working from home; or specialist equipment. Adjustments should be reviewed and updated as the employee's condition changes.

If, after a reasonable period of absence and all reasonable adjustments have been considered, the employee is still unable to return and there is no reasonable prospect of return in the foreseeable future, you may consider a capability hearing. Write to the employee inviting them to a hearing to discuss their continued employment. They have the right to be accompanied. At the hearing, discuss the medical evidence, adjustments considered, alternatives explored, and whether dismissal on grounds of capability is now appropriate.

If dismissal on grounds of capability is the outcome, confirm this in writing with: the reason (capability/ill-health); the notice period; the last day of employment; details of any ill-health/incapacity benefit entitlement under the contract; and the right of appeal. Where the employee is disabled, document all adjustments considered and why they were not sufficient.