Overview

In addition to the list of legislation given at the end of these Q&As, the Acas Code of practice on disciplinary and grievance procedures is of crucial importance to absence management. For details of the way in which the Code and well-drafted disciplinary, dismissal and grievance procedures may be used to assist employers in certain cases of absence management, see our Discipline and grievance procedures Q&As.

These Q&As address the legalities of handling unauthorised absence, short and long-term leave, seeking medical evidence and the potential repercussions of implementing disciplinary procedures and dismissing employees who are on long-term absence.

Can an employee be dismissed for a short, unauthorised absence?

Can an employee’s pay rise be frozen because of frequent short-term sickness absence?

How should data on sickness absences be handled?

How can a medical report from an employee’s doctor be obtained?

Can an absent employee be disciplined for refusing permission to contact their doctor?

Can an employee be dismissed because of long-term absence?

How long do employers have to wait before dismissing an employee on long-term sick leave?

Can an employer rely on a term in an employment law contract as a defence to an unfair dismissal claim?

Is dismissal automatically unfair if the employee is dismissed before an entitlement to sick pay has expired?

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