Why Small Businesses Can’t Afford to Ignore Long-Term Sickness Absence
There’s a pattern I’ve noticed recently when speaking to clients about long-term sickness absence. The conversation usually starts in a similar way. An employee has been off for several months, fit notes have continued to arrive, Statutory Sick Pay (SSP) has long since expired, and because the employee hasn’t been causing any obvious issues, the situation has simply been allowed to drift.
Then comes the moment of realisation.
Often prompted by the need to tighten belts following increases in National Minimum Wage rates, rising employer costs and growing commercial pressure, businesses start reviewing staffing costs and workforce structures more closely. During those reviews, they suddenly rediscover employees who have effectively become “forgotten” members of the team. They remain employed, continue to accrue annual leave and build continuous service, but operationally they have disappeared from view.
The reality is that an employee on long-term sick leave is still very much your employee.
Employees on Sick Leave Still Have Employment Rights
That may sound obvious, but many small businesses unintentionally fall into the trap of thinking that once SSP ends, or once an employee has been absent for a prolonged period, there is little more they can or should do until the employee decides they are ready to return. Unfortunately, that approach can create both people problems and legal risks.
Long-term sickness absence should never become a passive process. Employers have a responsibility to manage absence sensitively, reasonably and consistently. Equally, employees should not be left feeling abandoned or disconnected from the workplace. In many cases, prolonged silence benefits nobody.
One of the most important things employers can do is simply maintain appropriate contact. That doesn’t mean pressuring someone who is unwell or making them feel uncomfortable. It means continuing to treat them as part of the organisation, checking in on their wellbeing, keeping communication open and following the processes set out in your sickness absence policy.
Too often, policies exist on paper but are forgotten in practice.
If your policy says you will conduct welfare meetings, hold them. If it says you may seek medical guidance or occupational health input, consider doing so. If adjustments or phased returns are an option, explore them properly. The key is demonstrating that the business has remained engaged, supportive and proactive throughout the absence.
Why Ignoring Long-Term Absence Often Makes Matters Worse
Interestingly, when employers do start re-engaging with absent employees, movement often happens surprisingly quickly.
With one recent client, an employee who had been absent for a significant period is now attending a meeting to discuss returning to work. Had the business not revisited the situation, it’s entirely possible the absence would simply have continued indefinitely because no one had prompted meaningful discussion about next steps.
In another case, we are arranging a welfare meeting with an employee who has been absent for a very long time with minimal contact. Given the circumstances, I suspect the employee may choose to resign. Had regular contact and appropriate absence management processes been followed earlier, it is unlikely the situation would have drifted for quite so long.
This is where many small businesses unintentionally create difficulties for themselves. Avoiding uncomfortable conversations may feel like the kind or easiest option at the time, but allowing employees to “fall through the cracks” rarely ends well for either side.
From the employee’s perspective, silence from their employer can feel isolating. Employees on long-term sick leave can quickly feel forgotten, disconnected or uncertain about where they stand. That uncertainty can negatively impact wellbeing and recovery.
From the business perspective, unmanaged absence creates operational strain, hidden employment costs and potential legal exposure. Employees continue accruing holiday entitlement during sickness absence, continuous service continues building, and the longer situations remain unmanaged, the harder they often become to resolve.
Not Every Absence Is Actually Sickness Absence
Part of the problem is that many businesses are not only failing to actively manage absence, they are also failing to properly categorise it in the first place.
Another issue I still regularly see is businesses labelling almost every form of absence as “sickness,” when in reality that may not be what the absence actually is. Whilst that might seem like semantics, categorising absence correctly matters far more than many employers realise.
For example, an employee taking time off because a child is unexpectedly unwell may fall under time off for dependants rather than sickness absence. Someone struggling to balance caring responsibilities for an elderly parent may be better supported through carers leave or a temporary flexible working arrangement. Equally, appointments linked to pregnancy, disability-related absences or bereavement situations should often be treated differently from general sickness absence.
When everything is simply recorded as “off sick,” employers can quickly lose sight of what support may actually be appropriate, whether sick pay applies and how the absence should reasonably be managed. It can also distort absence records and make it harder to identify genuine wellbeing concerns, operational issues or patterns of attendance.
I often speak to businesses who are unsure whether contractual sick pay or SSP applies because the reason for absence was never properly explored or categorised in the first place. That uncertainty can create inconsistency, employee relations issues and, in some cases, legal risk.
Good absence management is not simply about recording that someone is not at work. It is about understanding why they are absent, ensuring the correct policies and protections are applied and responding appropriately to the situation in front of you.
For small businesses especially, where there may not be an internal HR team guiding managers through these situations, it is important not to fall into the trap of treating all absence as one and the same. Different types of absence often require very different conversations, support mechanisms and management approaches.
When Is It Reasonable to End Employment?
Importantly, there are circumstances where ending employment on capability grounds can be entirely reasonable. If medical evidence suggests an employee is unlikely to return within a reasonable timeframe, or if adjustments, alternative roles or phased returns are not viable, employers are entitled to consider dismissal fairly and lawfully. However, that decision should never come “out of the blue.” It must follow a reasonable process involving communication, consultation and appropriate medical consideration.
This is why proactive absence management matters so much.
For owner-managed businesses and small leadership teams without dedicated HR support, long-term absence can sometimes slip down the priority list because operational pressures take over. But these situations do not resolve themselves by being ignored. In fact, the longer they are left unmanaged, the greater the potential impact on the business, the wider team and the employee concerned.
Don’t Let Employees Fall Through the Cracks
A good rule of thumb is this: don’t let silence become your absence management strategy.
Employees on sick leave should never become invisible. Keeping in touch, following your own procedures and managing situations consistently is not only good HR practice, it is good leadership. Most importantly, it helps ensure employees feel supported whilst also protecting the long-term interests of the business.
For small businesses especially, where every role matters and every staffing cost counts, it’s essential to keep an eye on what is happening across the workforce. Because when employees quietly disappear into long-term absence with no meaningful engagement, they rarely stay forgotten forever.
Angela Clay
A qualified employment law solicitor and our managing director, Angela has unparalleled legal expertise and decades of experience and knowledge to draw from. She’s a passionate speaker and writer that loves to keep employers updated with upcoming changes to legislation, and is a regular guest speaker on BBC Leicester Radio.