How Many Sick Days Before an Employer Can Take Disciplinary Action in the UK?

There is no legal limit on sick days in the UK and no upper limit on how many sick days an employee can take. The employer needs to set the trigger point for disciplinary action due to excessive sick days off.

How many sick days must accrue before disciplinary action is taken is an employer’s decision to make. Most companies have a well-defined sickness absence policy. Notwithstanding this, it is essential to examine each individual’s case on its merits.

The employer must balance their duty to support their sick employee and protect the organisation’s needs. A point may come where disciplinary action is the only viable action.

An employer must try to establish whether repeated absences due to a capability issue—such as a chronic injury—which may not qualify for disciplinary action.

Disciplinary action should form part of a continuous process of monitoring and review that is open and transparent to the employee. 

Even within the same organisation, the point at which a disciplinary action or a hearing is instigated may vary. Applying the company’s sickness absence policies must allow for the unique nature of each employee’s situation.