Sickness Absence — Top Tips For Employers
In this edition of The Legal Low Down, we unwrap key insights to manage sickness absence in the workplace, plus the latest updates from our team.
SSP – Is Now Payable From Day One of Sickness
Sickness absence remains one of the most common issues for employers to manage. It can affect productivity, staff morale and legal compliance. This topic has become even more important following the April changes to Statutory Sick Pay.
The key change for employers is that Statutory Sick Pay is now payable from the first day of sickness absence, provided the employee meets the relevant eligibility requirements. This is a departure from the previous position where SSP was generally not payable for the first three “waiting days.”
The practical impact is that short-term sickness absences may now carry an increased direct cost for employers. This makes accurate recording and consistent absence management even more important.
Have a Clear Sickness Reporting Procedure
With SSP now payable from day one, employers should ensure that employees understand exactly how sickness absence must be reported.
A sickness absence policy should clearly set out:
- when the employee must notify the employer;
- who they must contact;
- whether notification must be by telephone, email or another method;
- what information should be provided;
- when updates are required during continuing absence;
- when medical evidence is required.
Employees can usually self-certify sickness absence for the first 7 calendar days. After that, the employer can request a fit note from a GP or another authorised healthcare professional.
Review Company Sick Pay and Contractual Entitlements
The April SSP change may also affect how company sick pay schemes operate. Some employers offer enhanced sick pay, often by topping up SSP to full pay or a percentage of normal pay.
Particular care is needed where the policy refers to SSP being “included within” company sick pay, or where enhanced sick pay is calculated by reference to SSP entitlement. SSP is now payable earlier, this may affect the cost and operation of the enhanced scheme.
Where changes are proposed to company sick pay, employers should consider whether consultation is required, particularly if the
entitlement is contractual.
Continue to Manage Absence Fairly
The fact that SSP is payable from day one does not prevent employers from managing sickness absence. Employers can still monitor absence levels and take appropriate action where absence becomes a concern.
Return-to-work meetings remain particularly useful. They help confirm the reason for absence and identify support needs. Any concerns about abuse of sickness absence procedures should be investigated properly before action is taken.
Employers should be particularly careful where absence may be connected to a protected characteristic such as a
disability or where the employee is pregnant.
Under the Equality Act 2010, an employer may have a duty to make reasonable adjustments where an employee is disabled. This may include adjusting absence triggers, allowing a phased return, changing duties, altering hours or considering homeworking.
Disability and pregnancy-related sickness absence should be recorded separately and should not be treated in the same way as ordinary sickness absence for disciplinary or absence management purposes. Employers should also handle medical information carefully and in line with appropriate GDPR guidelines. Sickness records and fit notes will usually contain sensitive personal data and should be stored securely, accessed only by those who need the information, and retained only for an appropriate period.
What should Employers do?
Employers should take a proactive approach to managing sickness absence. Our top tips are:
Update sickness absence policies to reflect SSP from day one of sickness
Check payroll systems and SSP calculations.
Train managers on sickness absence procedures.
Review return to work meeting procedures.
CMP NEWS AND EVENTS
CMP Legal featured in Love Business East Midlands!
We’re proud to see CMP Legal featured in Love Business East Midlands. The article reflects on our growth over the last
five years, recent award recognition and the continued success of our Corporate & Commercial, Employment Law and
Dispute Resolution teams.
A huge thank you to our team, clients and professional contacts for their continued support as CMP Legal continues to grow.
You can read the full article here Love Business East Midlands feature – https://loom.ly/mZDq0jg
Employment Law Webinar
Thanks to everyone who joined our joint webinar with Corbar Accounting. It was a brilliant session covering the
latest employment law updates.
Thinking of hosting an internal training session or an external event? Lauren Pickard regularly partners with organisations to deliver expert, practical HR and employment law guidance. Get in touch to find out how we can help.
Yorkshire Dealmakers Awards 2026 Shortlist
We’re delighted to share that we have been shortlisted at the Insider Media South Yorkshire Dealmakers Awards 2026 for Deal
of the Year (sub £10m) for the merger of Mitchells Chartered Accountants (SMH Mitchells) and SMH Group .
Another brilliant result for the team and a great reflection of the work being delivered across our departments.
The team is looking forward to attending next month at the award ceremony in Sheffield.
Welcome Ifath
We’re delighted to welcome Ifath Khan to CMP Legal. Ifath joins the firm as a Consultant and will be leading the launch of our new Real Estate department.
With over 20 years’ experience advising businesses, healthcare professionals, investors and lenders, Ifath brings extensive expertise
across commercial property, corporate and commercial transactions.
We’re really pleased to have Ifath on board and excited to see the continued growth of the firm with the launch of this new department!
Insider East Midlands Dealmakers Awards 2026
We are thrilled to have been shortlisted at the Insider East Midlands Dealmakers Awards 2026, where we’ve been
recognised for:
- Corporate Law Firm of the Year
- Deal of the Year (up to £10m)
- Dealmaker of the Year – Anna Cattee
It was a great evening to celebrate so many brilliant businesses and professionals from across the region, and as always, great to be sharing a table with SMH Group and SMH Mitchells.
Free Employment Law Health Check
Why not take advantage of our free Employment Law Health Check?
We’ll review your HR documentation, handbooks, contracts, policies, etc., to make sure everything’s up to date and legally sound.
Let us take care of the legal details so you can focus on running your business.
Employment Law and HR Retainers
We offer a range of annual subscription employment law support packages, provided by experienced employment lawyers to give you complete peace of mind as you prepare for the Employment Rights Bill coming into force next year.
Our packages are offered on a competitive fixed fee basis and all include day to day employment law support delivered by experienced employment lawyers as you navigate the new legal landscape.
Our packages are bespoke, therefore we can also include customised training and documentation, such as new and up to
date staff handbooks, policies and contracts.
With significant changes expected next year, now is the ideal time to strengthen your employment law foundations. Please
get in touch with Lauren Pickard via email at lauren.pickard@cmp.legal to find out more.
