Small Business HR Compliance: Getting the Basics Right
For many small business owners, HR compliance can feel like another complicated area to manage. With clients to look…
11.11.2026
Long-Term Sickness Absence: When Is It Reasonable to Stop Waiting?
When an employee has been off sick for several months, small business owners can find themselves facing a difficult decision. They want to support the employee, but keeping a role open indefinitely isn't always practical.
So, when can an employer reasonably consider dismissal?
There is no set period of sickness absence after which dismissal automatically becomes fair. The decision needs to take account of the individual circumstances, the medical evidence and the effect the continued absence is having on the business.
Understanding the likely return to work
A fit note provides information about an employee's current fitness for work, but it may not tell an employer when they’re likely to return or what they might realistically manage.
An occupational health assessment can help clarify this, including whether a phased return, reduced hours or adjusted responsibilities could make a return possible.
Don't overlook the working environment
Where work-related stress or mental health is involved, employers should also consider whether workplace pressures have contributed to the absence.
This may involve assessing workload, management support, working relationships and role expectations. If something at work has contributed to the problem, simply arranging a return without addressing it may not be sustainable.
Consider the business impact
Employers need to look at the practical difficulties caused by the absence, including the demands of arranging cover, the effect on team members and whether essential work can continue.
They should also consider reasonable adjustments, alternative duties and whether existing arrangements can continue for longer.
Before reaching a decision, the employee should have a meaningful opportunity to discuss the situation and respond to the information available.
A fair decision isn't about reaching a deadline. It's about understanding the circumstances, exploring realistic options and being able to explain why further waiting may no longer be reasonable.
Read the full article: When Can You Dismiss an Employee for Sickness Absence?
I'm Karen Orr, founder of PeopleWise Solutions and I work with SME owners and managers to help them get the best from their people while building strong, successful businesses.
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