Disciplinary action while off sick: what your employer can and cannot do

By Chris Salmon | Updated: September 12, 2025

If you are off work due to illness or injury, you may worry about whether your employer can start disciplinary action against you. Being off sick does not prevent your employer from taking disciplinary steps, but there are limits to what they can do. Employers must act fairly and avoid discrimination when managing absence.

At a glance

Employers can take disciplinary action while you are off sick, but only in certain circumstances.
Action must be fair, reasonable, and follow company policy.
You are protected by employment law against unfair or discriminatory treatment.

When can disciplinary action be taken?

Your employer may take disciplinary action if:

They believe your sickness absence is not genuine (e.g. malingering or dishonesty).
You have failed to follow company rules while off sick, such as not providing fit notes.
Your absence record shows persistent short-term absences with no clear medical reason.
You engage in misconduct unrelated to your sickness, such as breaching workplace policies.

Disciplinary action should not be taken simply because you are unwell and unable to work.

What employers must not do

Employers cannot lawfully:

Discipline or dismiss you simply for being sick.
Ignore medical evidence or refuse to consider adjustments recommended by a doctor.
Treat you less favourably because your condition qualifies as a disability under the Equality Act 2010.

Fair process

If your employer decides to take disciplinary action while you are on sick leave, they must still follow a fair process. This usually involves:

Informing you in writing of the issues.
Allowing you time to prepare and respond.
Giving you the option to be accompanied to meetings.
Considering medical evidence before reaching a decision.

Employers are also expected to follow the ACAS Code of Practice.

Reasonable adjustments for disability

If your illness or injury has led to a long-term condition that counts as a disability, your employer must make reasonable adjustments. These might include:

Allowing more time off to recover.
Adjusting your workload or hours.
Providing equipment to help you return to work.

Failure to make adjustments could amount to disability discrimination.

Real-world example

A call centre employee was signed off work for three weeks with stress. During this time, their employer invited them to a disciplinary hearing for not following sickness reporting procedures. The employee had failed to phone the absence line as required, instead emailing their line manager. The employer followed a fair process, considered medical evidence, and issued a written warning. The action was found to be lawful because it was linked to procedure, not the sickness itself.

What you should do if facing disciplinary action while off sick

Check your employment contract and staff handbook for sickness and disciplinary procedures.
Provide medical evidence promptly, such as fit notes.
Engage with the process and attend meetings if possible, even if virtually.
Seek advice from a solicitor, union representative, or ACAS if you believe action is unfair.

Key takeaway

Employers can take disciplinary action while you are off sick, but only if they have a valid reason and follow a fair process. You cannot be disciplined simply for being unwell. If your illness amounts to a disability, your employer must make reasonable adjustments before taking further action.

External references

GOV.UK: Unfair and constructive dismissal - explains when dismissal may be unlawful if you’re off sick.
GOV.UK: Statutory Sick Pay (SSP) - eligibility, rates and how SSP works while off sick.
NHS: Getting a fit note - when you need a fit note to confirm sickness absence.
ACAS: Phased return to work - guidance on agreeing a structured return with your employer.
ACAS: Reasonable adjustments - when employers must make adjustments if you have a health condition.

About the author

Chris Salmon is a legal commentator and co-founder of Quittance Legal Services. He has written extensively about workplace accidents, employment rights and the claims process. Chris's work has been cited in national media and he regularly contributes practical guidance to help injured workers understand their options.

More about Chris and WAAC

Last reviewed September 2025 by Chris Salmon

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