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Autumn Statement 2023

Long Term Sick at Work: What Are Your Rights in the UK?

By RWB Wealth25 October 2023

Being off sick for a day or two is one thing. But when illness drags on for weeks, the questions start piling up. Am I still getting paid? Can my boss let me go? What does the law actually say?

This blog breaks down the essentials of long-term sickness rights in the UK, from sick pay to reasonable adjustments, so you know where you stand.

What Does “Long Term” Sickness Even Mean?

There isn’t a strict legal definition, but most employers and employment law experts treat four weeks or more of continuous absence as “long term.” Your workplace policies and your health condition may affect how it’s handled, but four weeks is the usual marker.

Statutory Sick Pay (SSP): The Basics

SSP is the government’s minimum sick pay. To qualify you need to:

Be an employee with a contract.

Earn at least £123 a week (before tax).

Tell your employer you’re off within seven days.

The rate for 2025/26 is £116.75 per week, and it can be paid for up to 28 weeks. If your employer offers their own scheme, you might get more generous pay, always worth checking your contract.

👉 See the latest SSP rules on Gov.uk.

Company Sick Pay: The Top-Up

Plenty of employers offer “company sick pay” or “occupational sick pay.” It’s basically their way of topping up SSP, either with more money or longer coverage. The rules vary wildly, so your staff handbook or contract will tell you what applies.

Can You Really Take Time Off?

Yes. If you’re unwell, you’re entitled to time off work. Your employer may ask for a fit note from your GP if you’re off longer than seven days.

Importantly, being off sick does not mean you can be instantly shown the door. Employers must follow a fair process and consider adjustments before looking at dismissal.

Disability Rights and Adjustments

If your illness or injury counts as a disability under the Equality Act 2010, you get extra protection. That means your employer cannot discriminate against you and must consider “reasonable adjustments” to keep you in work.

Adjustments might include different hours, adapted duties or even new equipment. Basically, your job should fit around your health as much as possible, not the other way round.

👉 Learn more on Acas.

Staying in Touch During Sick Leave

While you’re off, your employer should keep in touch — not in a stalker-ish way, but with regular check-ins. This helps everyone plan for your return and shows you’re not forgotten. They may also:

Offer occupational health support.

Ask for a medical assessment.

Discuss how your role might need adjusting.

When Sickness Drags On: Capability and Dismissal

Here’s the tough bit. If you cannot do your job even after adjustments, your employer may start a capability procedure. Dismissal is possible, but only as a last resort, and only after all reasonable options have been explored.

Getting Back to Work

A phased return can make the transition easier, starting with shorter hours or lighter duties before going back full time. Flexible working — like different start times or some home working — may also help. The goal is to get you back without making things worse.

Final Thoughts: Know Your Rights, Protect Your Health

Long-term sickness is stressful enough without worrying about your job. The good news is that UK law offers protections, from SSP to reasonable adjustments, to make sure you’re not left in the lurch.

Keep talking to your employer, know your entitlements, and get advice if you’re unsure. A little knowledge goes a long way when it comes to protecting both your health and your livelihood.

FAQs

1. How long is long term sickness in the UK?

There’s no fixed legal definition, but most employers treat four weeks or more of continuous absence as long-term. Some company policies may set different thresholds.

2. How much is Statutory Sick Pay (SSP) in 2025/26?

SSP is £116.75 per week and can be paid for up to 28 weeks, as long as you meet the eligibility rules. Employers may offer more generous sick pay schemes on top.

3. Can I be dismissed while on long term sick leave?

It’s possible, but only after your employer has explored reasonable adjustments, alternative roles and followed a fair capability process. Dismissal should always be a last resort.

4. Do I have to stay in touch with my employer while off sick?

Yes, keeping reasonable contact is part of managing long term absence. This doesn’t mean daily calls, but regular updates help both sides plan and support your return.

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