What happens if you call in sick?
Being off sick doesn't mean you lose your rights. Here's what your employer is legally required to do — and what they often don't tell you.
The Short Answer
Being off sick doesn't mean you lose your rights. You're entitled to Statutory Sick Pay, protection from dismissal, and — if your condition is long-term — the right to reasonable adjustments when you return.
What the Law Actually Says
Statutory Sick Pay (SSP) is £116.75 per week for 2024/25, and it's paid from the fourth day of illness for up to 28 weeks. Your employer may offer enhanced sick pay on top of this — check your contract. You cannot be dismissed solely for being ill, particularly if your condition qualifies as a disability under the Equality Act 2010. A disability is defined as a physical or mental impairment that has a substantial, long-term adverse effect on your ability to carry out normal day-to-day activities. For absences of seven days or less, you can self-certify. For anything longer, you'll need a fit note from your GP.
What This Means for You
If you're off sick, you should receive at least SSP — even on a zero-hours contract, as long as you meet the earnings threshold. Your employer should keep in touch during your absence, but they shouldn't pressure you to return before you're ready. If you're dismissed while on sick leave, this could be unfair dismissal — especially if you have a long-term condition, if the absence was related to a disability, or if your employer didn't follow a proper process.
What To Do Next
- Notify your employer on the first day of absence in the way your contract requires
- Self-certify for absences up to seven days; get a fit note from your GP for anything longer
- Keep records of all communications with your employer during your absence
- If you have a long-term condition, ask your employer in writing about reasonable adjustments before you return
- If you're dismissed while off sick, contact ACAS immediately
Common Mistakes
- Not knowing you're entitled to SSP even on a zero-hours contract if you earn above the threshold
- Assuming your employer can dismiss you the moment you're off sick
- Not getting a fit note for extended absences
- Failing to communicate with your employer during absence
- Not knowing that a long-term condition may qualify as a disability
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From Madison
"If you're dealing with something like this, don't ignore it — even if it feels small. Knowing your rights is the first step, and you're already here."
— Madison