Sick days are a necessary part of any workplace. Employees need time off to recover from illnesses or injuries, and employers have a duty to ensure that their staff are healthy and safe. However, there is a limit to how many sick days an employee can take before facing disciplinary action. In this article, we will explore the limits of sick days in the workplace, including how many sick days per year are acceptable in the UK, what disciplinary action can be taken for excessive sickness, how long an employee can be on sick leave before facing dismissal, and how many sick days are too many.
How Many Sick Days Per Year are Acceptable in the UK?
The number of sick days an employee can take per year varies depending on their contract and the company they work for. In the UK, the average number of sick days taken per year is 4.4 days, according to the Office for National Statistics. However, some companies may allow more or less sick days depending on their policies.
It is important to note that sick days are not an entitlement, and employers are not required to pay employees for time off due to illness unless it is stated in their contract. If an employee takes more sick days than their contract allows, they may face disciplinary action.
Disciplinary Action for Excessive Sickness
If an employee takes more sick days than their contract allows, their employer may take disciplinary action. This can include verbal or written warnings, suspension, or even dismissal. However, employers must follow a fair and reasonable process before taking any disciplinary action.
Before taking any disciplinary action, employers should investigate the reasons for the employee’s sickness and consider any mitigating circumstances. For example, if an employee has a chronic illness, they may need more time off than other employees. Employers should also consider whether the employee’s sickness is work-related and take steps to address any workplace hazards that may be contributing to their illness.
How Long Can You Be on Sick Leave Before Facing Dismissal?
There is no set time limit for how long an employee can be on sick leave before facing dismissal. However, employers must follow a fair and reasonable process before dismissing an employee due to sickness.
Before dismissing an employee, employers should consider whether there are any reasonable adjustments that can be made to help the employee return to work. This may include adjusting their workload, providing additional support, or making changes to their working environment. Employers should also consider whether the employee’s sickness is likely to be long-term or permanent and whether there are any alternative roles they could do within the company.
How Many Sick Days is Too Many?
There is no set number of sick days that is considered too many. However, if an employee takes more sick days than their contract allows, their employer may take disciplinary action. Employers should also consider whether the employee’s sickness is affecting their ability to do their job and whether there are any reasonable adjustments that can be made to help them return to work.
Employers should also consider the impact of an employee’s sickness on the rest of the team. If an employee’s sickness is causing disruption or putting additional pressure on their colleagues, employers may need to take action to address the situation.
Examples and Case Studies
To illustrate the limits of sick days in the workplace, let’s look at some examples and case studies.
Example 1: John works for a company that allows 10 sick days per year. In the first six months of the year, John has already taken eight sick days. His employer investigates the reasons for his sickness and discovers that he has a chronic illness that requires regular medical treatment. His employer makes reasonable adjustments to his workload and provides additional support, allowing him to return to work. John’s employer does not take any disciplinary action.
Example 2: Sarah works for a company that allows five sick days per year. In the first six months of the year, Sarah has already taken 10 sick days. Her employer investigates the reasons for her sickness and discovers that she has been suffering from stress due to a heavy workload. Her employer makes reasonable adjustments to her workload and provides additional support, but Sarah continues to take sick days. Her employer takes disciplinary action, giving her a written warning and setting out a plan for improvement.
Case Study: In 2018, a tribunal ruled that a teacher who took 60 days off sick in one year was unfairly dismissed. The teacher had a chronic illness that required regular medical treatment, and her employer had failed to make reasonable adjustments to her workload. The tribunal found that the employer had not followed a fair and reasonable process before dismissing the teacher and ordered them to pay compensation.
Conclusion
Sick days are a necessary part of any workplace, but there is a limit to how many an employee can take before facing disciplinary action. Employers must follow a fair and reasonable process before taking any disciplinary action, and should consider whether there are any reasonable adjustments that can be made to help the employee return to work. There is no set number of sick days that is considered too many, but employers should consider the impact of an employee’s sickness on their ability to do their job and on the rest of the team. By following a fair and reasonable process, employers can ensure that their staff are healthy and safe while also maintaining productivity and efficiency in the workplace.
Q&A
Q: Can an employer dismiss an employee for taking one sick day too many?
A: It depends on the employee’s contract and the company’s policies. Employers must follow a fair and reasonable process before taking any disciplinary action, and should investigate the reasons for the employee’s sickness before taking any action.
Q: Can an employee be dismissed for long-term sickness?
A: Employers must follow a fair and reasonable process before dismissing an employee due to sickness. Before dismissing an employee, employers should consider whether there are any reasonable adjustments that can be made to help the employee return to work, and whether there are any alternative roles they could do within the company.
Q: Can an employee be dismissed for sickness if they have a chronic illness?
A: Employers must make reasonable adjustments to help employees with chronic illnesses return to work. If an employee’s sickness is due to a chronic illness, employers should consider whether there are any reasonable adjustments that can be made to help them return to work before taking any disciplinary action.
Q: Can an employee be dismissed for sickness if their sickness is work-related?
A: Employers have a duty to ensure that their workplace is safe and healthy. If an employee’s sickness is work-related, employers should take steps to address any workplace hazards that may be contributing to their illness before taking any disciplinary action.
Q: Can an employer require a doctor’s note for sick leave?
A: Yes, an employer can require a doctor’s note for sick leave. However, this policy must be applied consistently and cannot be used to discriminate against employees with disabilities.
Q: Can an employee take sick leave for mental health issues?
A: Yes, an employee can take sick leave for mental health issues. However, the employer may require a doctor’s note or other documentation to support the employee’s claim.
