Sickness, illness and accidents: key card

Key Points

  • There is no specific statutory provision giving an employee the right to time off work on account of sickness 
  • However a dismissal for taking sick leave may be unfair if it is not for a fair reason and the employer has not acted reasonably in all the circumstances
  • An eligible employee will be entitled to statutory sick pay subject to the rules in the Social Security Contributions and Benefits Act 1992 subject to a statutory limit set annually
  • An employer may offer contractual sick pay subject to its own terms and rules
  • A dismissal for long term sickness absence or repeated illness must be carried out fairly in accordance with a fair procedure and an employer must take care not to breach the provisions of the Equality Act 2010
  • The right to take holiday during sickness absence is complex and should be determined in accordance with case law and the Working Time Directive and Working Time Regulations

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