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DTM Legal
5/5
350+Reviews
Chester Office: 01244 354 800
Liverpool Office: 0151 321 0000

Absence Management Services for Employers

Practical employment law advice to help employers manage workplace absence fairly, consistently and with minimal disruption.

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Employee absence can affect productivity, service delivery and the wider workforce, particularly where sickness is prolonged, frequent or difficult to manage. Employers need a clear and consistent approach that supports employee wellbeing while addressing the operational impact on the business.

DTM Legal advises employers across a wide range of sectors on short-term sickness, long-term absence, recurring patterns, unauthorised absence and medical capability concerns. We help HR professionals and managers understand the appropriate process, gather relevant information and make fair, evidence-based decisions.

Our Employment & HR solicitors can support you from the early stages of an absence through to return-to-work planning, reasonable adjustments, capability procedures or dismissal where no sustainable alternative is available. We also help employers develop effective policies and equip managers to handle absence issues confidently.

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Absence Management Legal Services

We provide practical advice and support across all aspects of workplace absence management, including:

  • Drafting and reviewing sickness and absence policies
  • Managing frequent or recurring short-term absence
  • Supporting employers with long-term sickness absence
  • Advising on unauthorised absence and failures to follow reporting procedures
  • Reviewing absence records and trigger-point systems
  • Advising on fit notes and medical evidence
  • Preparing requests for medical reports
  • Occupational health referrals
  • Return-to-work meetings and plans
  • Phased returns and temporary changes to duties
  • Disability-related absence and reasonable adjustments
  • Mental health-related absence
  • Pregnancy-related sickness absence
  • Statutory and contractual sick pay queries
  • Medical capability procedures
  • Disciplinary procedures involving unauthorised absence or misconduct
  • Ill-health dismissals
  • Settlement agreements
  • Training for HR teams and line managers
  • Defending unfair dismissal and disability discrimination claims

Why Instruct DTM Legal?

Absence cases rarely involve a single legal or HR issue. Employers may need to consider medical evidence, disability discrimination, sick pay, data protection, operational pressures and the fairness of any proposed capability or disciplinary process.

Our Employment & HR team provides practical advice tailored to the employee, the role and the needs of the organisation. We help employers distinguish between genuine health-related absence, conduct concerns and capability issues, ensuring that the chosen procedure reflects the circumstances.

We can advise throughout an individual case or help strengthen your wider approach to absence management through policies, training and ongoing support. Our focus is on helping you make informed decisions, maintain clear records and reduce the risk of avoidable disputes.

We provide:

  • Practical and commercially focused employment law advice
  • Clear guidance for HR teams and line managers
  • Support with sensitive and complex absence cases
  • Advice aligned with your policies and operational requirements
  • Assistance obtaining and assessing medical evidence
  • Strategic support through capability and disciplinary procedures
  • Representation where an Employment Tribunal claim arises

Get in Touch

Whether you are managing recurring short-term absence, supporting an employee through long-term illness or considering a medical capability process, our Employment & HR team can help you take a fair and practical approach.

To discuss your requirements, contact us by emailing employment@dtmlegal.com or calling 01244 354 800 / 0151 321 0000.

Key Contact
Partner / Head of Employment & HR
DTM Legal
5/5
350+Reviews

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Key Considerations When Managing Employee Absence

Gathering the relevant information and reviewing the circumstances carefully can help employers follow a fair process and identify the support or action that may be appropriate. Read our Key Considerations guide to understand some of the points a solicitor may wish to discuss when responding to your enquiry. It can help you prepare the relevant information and make your initial conversation more productive.

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DTM Legal
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Employment & HR Team

Tom Evans

Partner / Head of Employment & HR
Jamie-Lea Taylor

Paralegal, Residential Conveyancing
Molly Drake

Solicitor, Commercial Property
Alison Brennan

Head of Compliance and Service Delivery

Frequently Asked Questions

Commonly asked questions about absence management in the workplace.

Start by reviewing the employee’s attendance record and holding a return-to-work or absence review meeting. The discussion should explore the reasons for the absences, whether there is an underlying health condition and whether any workplace support may be appropriate.

Employers may use absence trigger or review points, but these should prompt a conversation rather than automatically lead to disciplinary action. Disability-related and pregnancy-related absences may need to be treated differently to avoid discrimination.

Employers can ask about the employee’s likely return, the effect of their condition on their work and any support or adjustments they believe may help. Contact should be reasonable, sensitive and agreed where possible.

Further information may be obtained through occupational health or a report from the employee’s healthcare professional. The employee’s consent will normally be required, and medical information should be handled confidentially and shared only where necessary.

A fit note may state that an employee “may be fit for work” and suggest changes such as adjusted duties, altered hours or a phased return. Employers should discuss the recommendations with the employee and consider whether they can reasonably be implemented.

Where a recommendation amounts to a reasonable adjustment for a disabled employee, the employer may have a legal obligation to implement it. If the suggested changes cannot be agreed or accommodated, the employee can be treated as not fit for work without obtaining a replacement fit note.

Dismissal may sometimes be possible where an employee is no longer capable of performing their role and there is no reasonable prospect of a sustainable return. However, employers should first obtain appropriate medical evidence, consult with the employee and consider reasonable adjustments, alternative duties and redeployment.

A fair procedure is essential, and dismissal should generally be a last resort. Where the condition may amount to a disability, the employer must also consider its Equality Act obligations before reaching a decision.

For sickness absences beginning on or after 6 April 2026, the lower earnings threshold and three waiting days were removed. Eligible employees can now receive Statutory Sick Pay from the first full day of absence, regardless of their earnings.

Statutory Sick Pay is paid at the lower of 80% of normal weekly earnings or the applicable flat weekly rate. Employers should ensure their payroll systems and absence policies reflect the updated rules.

What our Clients Say

See what our customers have to say about their experience

Review Solicitors Stars
5/5 350+Reviews
Steve Tatham
26/04/2026
Tom Evans provided an excellent service regarding my recent Voluntary Redundancy. Tom was friendly, knowledgeable and helpful in supporting the processing of the legal documentation around redundancy. Tom was very timely and managed our sessions well to ensure we didn’t overrun. I would highly recommend Tom and use him again if I needed legal support.
Ellie
27/10/2026
DTM’s employment department has dealt with a couple of matters on our behalf. They have dealt with all matters efficiently, providing clear advice on employment law, whilst also understanding the commercial aspects of suggested actions.
Mia
15/10/2023
They feel like an extension to our business. They fully understand our business inside and out and are very responsive and provide a huge level of support.

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