Effective absence management is essential to maintaining productivity, supporting employee wellbeing, and reducing the risk of legal disputes. At DTM Legal, our Employment & HR team provides practical, commercial advice to help employers manage staff absences confidently and compliantly.
Specialist Legal Support for Managing Absence
Absence in the workplace, whether due to short-term sickness, long-term illness, unauthorised absence, or recurring patterns, can create operational challenges and HR headaches. Having a clear, consistent, and legally sound approach is vital to protecting your business and supporting your employees.
DTM Legal works in partnership with employers across all sectors to implement robust absence management policies and procedures, helping to reduce disruption, limit liability, and promote a fair and healthy working environment.
Key Considerations for Employers
Employers must balance compassion and consistency when managing absences, while also complying with their legal obligations. Key considerations include:
- Clear Absence Policies: Do your policies set out how different types of absence are reported, recorded, and managed?
- Disability and Discrimination Risks: Is the absence linked to a disability? Are you making reasonable adjustments?
- Fit Notes and Medical Evidence: Are you confident in requesting and interpreting medical information appropriately?
- Trigger Points and Return-to-Work Interviews: Are you applying these consistently and fairly?
- Absence as a Conduct or Capability Issue: Are you taking the right approach, and following a fair process?
- Data Protection and Confidentiality: Are you handling absence-related data in line with GDPR requirements?
Our Approach to Absence Management
Our solicitors help employers navigate the legal and practical aspects of absence management, offering tailored support that may include:
- Reviewing and drafting sickness and absence policies
- Advising on fit notes, occupational health referrals, and medical reports
- Supporting return-to-work strategies and phased return plans
- Managing long-term or repeated short-term absences
- Guiding employers through the capability or disciplinary processes
- Advising on discrimination and disability-related absences
- Providing in-house training for HR teams and line managers
Where needed, we also represent employers in Employment Tribunal claims relating to unfair dismissal or disability discrimination.
Why Instruct DTM Legal?
By working with experienced employment solicitors, you can proactively manage workplace absences while minimising legal risk and maintaining employee morale. At DTM Legal, our team takes a pragmatic, solution-focused approach which helps you stay compliant with the law and aligns your workforce with your business goals.
Whether you’re facing a complex long-term sickness case or looking to implement a preventative absence policy, we’re here to support you every step of the way.
Get in Touch
To speak to a member of our Employment & HR team about absence management, call us on 01244 354800 / 0151 321 0000 or email employment@dtmlegal.com. We’ll help you take control of absence with clear, practical advice tailored to your business.
