How many sick days do I have before disciplinary action?

A common question we get asked is how many sick days are you entitled to before disciplinary action however that’s something of a grey area.

There is no specific number of days prescribed in law, it’s dependent on the circumstances. There’s an issue then of the type of sickness absence that you’re having as well. If for example it’s a short-term sickness absence and it starts to become an issue because you’re having days off here and there, then an employer will start to look at having to manage that and follow a process to address the issues and that can be contrasted with long-term sickness absence. For example, where you’re off work for an extended period of time and that will then require a slightly different approach on the part of the employer. In those circumstances the employer will very often look at involving occupational health in order to determine when the employee will be well enough to return to work. In all cases, if the employee is considered to be a disabled person then the Equality Act will apply and the employer will be under a duty to consider making ‘reasonable adjustments’ to their role to help get the employee back to work.

If the employee has more than two years’ service then the employer will have to follow a fair process when dismissing, otherwise the dismissal could be legally unfair.

Here is a video recorded by Head of Employment Law, Richard Lozano:

Our Employment Law Team are experts in dealing with all aspects of employment law. If you are having issues at work in relation to disciplinary action as a result of you taking sick leave, we would always recommend to seek legal advice. To speak with one of our employment team, please call them on 01302 341 414 or by filling out our online enquiry form.

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