Managing Sickness Absence

When sickness absence is left unmanaged, it affects productivity, disrupts teams, and creates legal risk. We provide clear, compliant support from policy design to capability procedures and litigation.

Speak to an expert

Managing Sickness Absence

Sickness absence and capability policies

We draft clear, practical policies that follow UK law and reflect your workplace. They support fair decisions and help you manage absence consistently.

‍

Day-to-day support for managers and HR

Straightforward advice on handling fit notes, keeping in touch during absence, planning phased returns, and making reasonable adjustments.

‍

Medical advice and occupational health

Guiding you through getting expert medical input. We help you understand the reports and use them to make confident, well-reasoned decisions.

‍

Disability and reasonable adjustments

We assess whether the Equality Act applies, suggest proportionate changes, and help you support sustainable attendance while reducing legal risk.

‍

Capability procedures and documentation

Plan and run fair processes, draft letters, scripts and outcomes, and maintain accurate, defensible records.

‍

ACAS and Employment Tribunal representation

We support you from early ACAS involvement through to final Tribunal hearings, including claims of unfair dismissal, discrimination, and breach of contract claims.

‍

‍

Questions we’re often asked

Speak to an expert

When can we start a formal capability process?

After reasonable investigation, medical input, support, and adjustments have been considered.

Can we dismiss one of our employees for long-term sickness?

Yes, if you follow a fair process and properly assess medical evidence, adjustments and other options.

What’s a reasonable adjustment?

Any change that helps someone work: fewer hours, different duties, equipment, a phased return, or a new policy.

Do we need consent to get medical reports?

Yes. Obtain informed consent and comply with the access to medical reports legislation.

How often should we contact someone off sick?

Agree a contact plan early on. Keep in touch sensitively, without adding pressure.

What should a fit note include and how should we use it?

Check what it says about fitness or adjustments, and use it to plan a safe and supported return to work.

Trusted by organisations, families and professionals across the UK

Euan Lawrence was fantastic; he was efficient, understanding, and very clear in his communication on points of law. He actively listened and gave brilliant professional advice. The administrative team that supported and worked with him was equally helpful and efficient.

Legal 500

Trusted by organisations, families and professionals across the UK

Euan made himself available and kept me informed of timelines and progress. I was not rushed or interrupted.

Legal 500

Trusted by organisations, families and professionals across the UK

The key thing for me was the empathy and emotional intelligence that Euan Lawrence demonstrated. He was patient, actively listened, and explained points of law to me in a simple yet not condescending manner. I was referred to him by another colleague who had gone through the same process.

Legal 500

Trusted by organisations, families and professionals across the UK

Excellent real-world and experienced knowledge, very clear communication, and transparent billing.

Legal 500

Trusted by organisations, families and professionals across the UK

Euan Lawrence is expert in the field of employment law.

Legal 500

Trusted by organisations, families and professionals across the UK

I feel the approach from all the staff at Blacks has been first class. David Ward has carefully guided me through the process and often picks up the phone for a chat to offer advice on things to do and things to avoid.

Legal 500

Trusted by organisations, families and professionals across the UK

A very friendly and approachable law firm. All the way through, the whole team at Blacks has been extremely supportive, providing excellent advice and support.

Legal 500

Trusted by organisations, families and professionals across the UK

The team has a wide range of knowledge and skills. My case required senior partners to apprentice-level support. Everyone I met and had contact with was kind, professional, and personable. It felt amazing to have such an awesome team in my corner, showing support and wishing me luck with my case.

Legal 500

Trusted by organisations, families and professionals across the UK

Paul Kelly is knowledgeable, action-focused, and has taken the time to learn about us and our sector. He is a great sounding board.

Legal 500

Trusted by organisations, families and professionals across the UK

I find the team to be really responsive and helpful, providing excellent advice and support at all times. Nothing has been too much trouble, and we have really valued their support.

Legal 500

Experts in every area

Managing Partner

Ellie Broadhurst

Associate Solicitor

Georgia Jeonney

Partner and Head of Employment

Partner and Head of Employment

Jemima Parkinson

Solicitor Apprentice

Anna Schiavetta

Senior Associate Solicitor

Need an expert in

employment & HR

?

For more information or a no obligation discussion, please call or email our team today.

Call us today

Email this team

Smiling woman in a yellow shirt shaking hands with another person during a meeting.

Smiling woman in yellow shirt shaking hands with another person across a table in an office setting.