Managing sickness absence is one of the toughest challenges employers face. While repeated or long-term absence can put pressure on a business, rushing to dismissal could prove far more costly.
A recent Employment Tribunal highlights exactly why.
An airport security supervisor was awarded more than £45,000 after being unfairly dismissed for her sickness absence. Although her employer followed its attendance management policy, the tribunal found that managers focused too heavily on absence trigger points and failed to properly explore alternatives before ending her employment.
The lesson? A policy should guide your decision-making—not make the decision for you.
It's About the Person, Not Just the Absence
In this case, the employee’s absences were linked to genuine health issues, including surgery, Covid-19 and shoulder pain. During the dismissal process, she also disclosed that she was experiencing anxiety and was awaiting further medical investigations, which later resulted in a diagnosis of reactive arthritis.
The tribunal criticised the employer for failing to dig deeper. Instead of seeking updated medical evidence or considering what support could help, managers relied on the attendance policy and concluded dismissal was the only option.
Dismissal Shouldn't Be Your First Option
Before deciding to end someone’s employment, ask yourself:
- Have we fully understood the reason for the absences?
- Do we need updated medical or Occupational Health advice?
- Could workplace adjustments help?
- Have we considered every reasonable alternative?
Taking these steps doesn’t just reduce legal risk, it shows you’ve acted fairly and reasonably.
What Alternatives Could Be Considered?
Often, relatively small changes can make a big difference. Depending on the circumstances, employers could explore:
- A phased return to work following illness or surgery.
- Temporary adjustments to duties, hours or shift patterns.
- Redeployment into another suitable role, where available.
- Further medical evidence if an employee’s condition is still being investigated.
Not every option will be appropriate, but they should all be considered before dismissal.
Fair Decisions Go Beyond Following Policy
Attendance policies are designed to support consistent decision-making, but they should never replace professional judgement.
Employment tribunals expect employers to consider the individual circumstances, understand the medical evidence and demonstrate they’ve explored reasonable alternatives before making a final decision.
As this case shows, simply following a procedure isn’t always enough.
Final Thoughts
Managing sickness absence is about finding the right balance between supporting employees and protecting your business. Sometimes dismissal will be the right outcome but it should only come after you’ve genuinely explored every other reasonable option.
Taking the time to ask the right questions today could help you avoid an expensive tribunal tomorrow.
