How to fairly dismiss an employee who pulls frequent sickies — a clear 7-step plan for HR leaders

Frequent short-term sickness is one of the highest drains on HR time and team morale. As a HR professional, you need a process that protects the business, supports the employee, and stands up to legal scrutiny. Below is a stripped-back, practical 7-step process you can use with YouManageHR to manage cases fairly, reduce risk and, if necessary, dismiss lawfully.

Key principles to follow

• Act reasonably and consistently. Treat like cases the same.
• Focus on evidence, not assumptions or gossip.
• Make adjustments where appropriate (disability, protected leave).
• Keep thorough, contemporaneous records.
• Follow your contract, handbook and ACAS guidance throughout.

Step 1 — Gather facts quickly

• Pull absence reports for the last 6–12 months (patterns, days lost, trigger points).
• Check medical notes and fit notes (if provided). Ask occupational health (OH) for input where needed.
• Identify impact: cost, team cover, missed deadlines, customer impact.
• Save evidence in one central place (YouManageHR employee file + absence logs).

Step 2 — Check for protected reasons before you act

• Is the absence linked to disability, pregnancy, mental health, or workplace injury? These require reasonable adjustments and different handling.
• If protected, pause formal dismissal steps and engage OH, legal and trade-union (if relevant).

Step 3 — Invite to an informal discussion first

• Hold an informal meeting to share concerns and get the employee’s explanation.
• Use a structured agenda: present the pattern, ask about causes, explore adjustments, agree actions and timeframe.
• Record the meeting outcome and set a review date (e.g., 4–8 weeks).

Step 4 — Offer reasonable support and reasonable adjustments

• Consider phased returns, changed hours, temporary role changes, or equipment (if remote/hybrid).
• Refer to occupational health for recommendations and reasonable timescales.
• Document agreed adjustments and how you’ll review them.

Step 5 — Move to formal capability process if no improvement

• If absences continue, follow your formal capability procedure: written invite, right to bring a companion, clear evidence and potential outcomes.
• Share medical evidence and OH reports at least 48 hours before the meeting.
• Discuss alternatives to dismissal (redeployment, more adjustments) during the meeting.

Step 6 — Decide fairly, document everything

• Decision should reflect evidence, OH advice, adjustments tried, impact and consistency with other cases.
• Only consider dismissal where: (a) reasonable adjustments were explored; (b) an adequate warning period and support were given; (c) the employer can justify that continued absence makes the role untenable.
• Record the rationale, legal risks considered, and final decision. Offer right of appeal.

Step 7 — Manage the dismissal and appeals properly

• Deliver dismissal decision in writing with clear notice, reason and appeal instructions.
• If appeal is lodged, run a fresh, fair review with different decision-maker if possible.
• Preserve data for tribunal timeframes and maintain confidentiality.

Timing, thresholds and practical triggers

• No single rule fits all firms. Use your absence triggers (e.g., X short-term episodes in Y months or Y% of working days lost).
• For mid-sized companies, a pattern over 6 months is often enough to start formal steps if impact is clear.
• Ensure your employee handbook sets clear expectations and your line-managers know the triggers and process.

Common legal traps to avoid

• Treating protected absences the same as ordinary sickness.
• Skipping OH referrals or not considering reasonable adjustments.
• Making decisions based on assumptions or hearsay.
• Failing to offer appeal or to keep records of each step.

Practical templates to use (quick list)

• Absence pattern summary (dates, reasons, impact)
• Invitation to informal meeting
• Informal meeting notes and improvement plan
• Formal capability letter (with evidence annex)
• Dismissal letter (with appeal instructions) Use YouManageHR to store these templates, log meetings, track actions and create absence reports for evidence.

Checklist you can run before dismissal

• Have you recorded 6–12 months of absence data?
• Have you considered disability/pregnancy/other protections?
• Have you provided OH assessment and reasonable adjustments?
• Have you followed your formal capability procedure?
• Was the dismissal decision reasonable and documented?
• Have you provided appeal rights and kept records?

When dismissal is reasonable

• After documented attempts to support or adjust the employee, absences continue and significantly disrupt operations.
• When OH concludes the employee is unlikely to return to the required level of attendance within a reasonable time.
• When you can demonstrate alternative measures were tried and dismissal is a proportionate response.

How YouManageHR helps you do this faster and safer

• Centralised, secure employee records and absence histories for evidence.
• Automated alerts when absence triggers are met.
• Templates stored and versioned for consistent communications.
• Return-to-work workflow tracking.
• Audit-ready logs to show fair process in case of challenge.

Quick action plan (next 7 days)

1. Run a 12-month absence report for the employee on YouManageHR.
2. Book an informal meeting and prepare a one-page absence-impact brief.
3. Refer to OH if pattern suggests underlying health issues.
4. Propose reasonable adjustments and set a 4–8 week review.
5. Save all notes to the employee’s file and set automated reminders.

Make the next step low-risk: start a free trial If you want a structured, auditable way to manage sickness, meetings and templates — try YouManageHR for 30 days free and get your absence processes under control.