Sickness Absence: Avoiding Common Employer Mistakes
Managing long-term sickness absence can be one of the trickiest aspects of employment law. Even well-intentioned employers can inadvertently create legal risk if processes are not followed carefully. A recent tribunal decision demonstrates just how easily mistakes can occur - and what employers should do to stay compliant.
The Case:
In Ntui v Lidl Great Britain Ltd, the tribunal examined whether a dismissal during sickness absence was reasonable. Central to the judgment were two key areas:
How medical evidence was obtained and assessed
Whether meaningful consultation with the employee had taken place before the decision
This case serves as a cautionary tale: tribunals will scrutinise both evidence and process, not just the outcome.
Where Employers Often Go Wrong:
Common pitfalls in managing long-term absence include:
Assuming recovery timelines - every employee’s situation is unique, and assumptions can lead to unfair treatment.
Failing to obtain updated occupational health advice - tribunals expect decisions to be informed by current medical evidence.
Not fully exploring reasonable adjustments - reasonable adjustments can prevent unnecessary dismissal and demonstrate fairness.
Accelerating capability processes due to operational pressure - rushing decisions without following structured procedures increases risk.
Key Takeaways:
Tribunals expect balanced, evidence-based decisions supported by clear communication.
Regular manager training and structured absence procedures are essential safeguards.
Documenting each step and consultation protects both employees and employers.
How Leo HR Can Help:
At Leo HR, we provide practical HR guidance to help businesses manage sickness absence confidently and compliantly. From reviewing absence policies to advising on occupational health assessments and structured consultation, we ensure employers make defensible decisions while supporting their teams.
Good HR is preventative HR - avoiding mistakes today saves time, cost, and stress tomorrow.
