Sick Absence Policy

Sick Absence Policy

Last Reviewed: 29/05/2026

Next Review Date : 29/05/2027

1. Introduction and Purpose

1.1 HDS recognises that employees may occasionally be unable to attend work because of illness, injury or another health-related condition.

HDS aims to manage sickness absence fairly, consistently, sensitively and lawfully, while balancing employee wellbeing with the operational needs of the organisation.

1.2 The purpose of this policy is to:

• set out clear sickness absence reporting and certification requirements;

• ensure employees receive appropriate support during periods of ill health;

• promote safe and sustainable returns to work;

• ensure sickness absence is managed fairly and consistently;

• enable HDS to identify where reasonable adjustments or other support may be required;

• ensure compliance with Statutory Sick Pay requirements;

• ensure compliance with the Equality Act 2010 and other applicable employment legislation;

• maintain appropriate and lawful sickness absence records; and

• ensure that capability decisions are only considered following appropriate consultation, medical evidence where appropriate, and consideration of reasonable alternatives.

1.3 HDS will:

• maintain clear absence reporting and recording procedures;

• maintain appropriate contact with employees during sickness absence;

• normally conduct a return-to-work discussion following sickness absence;

• consider Occupational Health or other appropriate medical advice where required;

• consider reasonable adjustments where an employee is disabled or may be disabled;

• comply with applicable health and safety obligations;

• manage personal and health information confidentially and in accordance with data protection legislation; and

• ensure that sickness absence procedures are not applied in a discriminatory manner.

1.4 This policy relates to sickness absence. Other forms of absence, including annual leave, maternity leave, paternity leave, adoption leave, parental leave, neonatal care leave, parental bereavement leave, bereaved partner's paternity leave, carer's leave, time off for dependants and other statutory or authorised leave will be dealt with under the relevant policy or statutory provisions.

Nothing in this policy removes or reduces any statutory or contractual right.

2. Responsibilities

2.1 Line Manager Responsibilities

Line managers are responsible for:

2.1.1 Ensuring that employees have access to this policy and understand the sickness absence reporting procedure.

2.1.2  Applying this policy fairly, reasonably and consistently.

2.1.3 Ensuring employees understand the standards of attendance and communication reasonably expected by HDS.

2.1.4 Maintaining appropriate records of sickness absence, including the dates and duration of absences.

Information regarding the medical reason for an absence must only be recorded where necessary and appropriate.

2.1.5 Maintaining appropriate contact with employees who are absent from work.

2.1.6 Seeking appropriate HR (FSB), Occupational Health or other professional advice when necessary, particularly in cases involving:

• frequent short-term absence;

• long-term absence;

• a possible disability;

• pregnancy-related illness;

• work-related ill health;

• mental health concerns;

• medical uncertainty;

• proposed reasonable adjustments; or

• potential capability action.

2.1.7 Considering whether an employee may require support or reasonable adjustments before taking formal action in relation to attendance.

2.1.8 Handling health and attendance information confidentially and only sharing such information with people who have a legitimate need to know.

2.2 Employee Responsibilities

Employees are expected to:

2.2.1 Attend work regularly and punctually when fit to do so.

2.2.2 Follow the sickness absence notification and certification procedure contained in this policy.

2.2.3 Maintain reasonable contact with HDS during sickness absence.

2.2.4 Provide information reasonably necessary to enable HDS to understand:

• the likely duration of the absence;

• whether workplace support may be needed;

• whether the illness may have been caused or aggravated by work; and

• whether adjustments may assist a return to work.

Employees will not normally be required to provide unnecessary detailed clinical information.

2.2.5 Co-operate with reasonable Occupational Health referrals, medical assessments or requests for medical information where these are appropriate and lawful.

2.2.6 Participate in discussions regarding return-to-work arrangements and reasonable adjustments where appropriate.

3. Notification of Sickness Absence

3.1 If an employee is unable to attend work because of sickness, injury or incapacity, they must notify their line manager as soon as reasonably practicable.

Where reasonably possible, notification should be provided by the employee's normal start time. 

This is an internal HDS absence-management requirement. Statutory Sick Pay entitlement will always be determined separately in accordance with applicable legislation.

3.2 If the line manager cannot be contacted, the employee should contact another appropriate manager.

3.3 The employee should provide, so far as reasonably possible:

• the reason for the absence;

• the expected duration of the absence, if known;

• whether the absence is believed to be work-related;

• any urgent work or operational information requiring attention; and

• an indication of when further contact can reasonably be expected.

Employees are not required to provide unnecessary or disproportionate medical information.

3.4 Notification may normally be made by telephone, Slack, email or another communication method approved by HDS.

A manager may reasonably request a telephone or video conversation where further discussion is required.

3.5 Where an employee is too unwell or otherwise genuinely unable to contact HDS personally, notification by a family member, friend or other representative will be accepted.

Employees will not be penalised where there is a genuine and reasonable explanation for being unable to make personal contact.

3.6 For short periods of absence, employees should normally maintain reasonable contact with their manager.

Daily contact may be requested during the first seven calendar days where reasonable and appropriate, unless another arrangement has been agreed.

For longer-term absence, the frequency and method of contact should normally be agreed between the employee and their manager and should be proportionate to the circumstances.

HDS will avoid excessive contact that could hinder an employee's recovery.

3.7 Failure to comply with HDS's internal reporting requirements without reasonable explanation may be addressed under the appropriate Company procedure.

However, Statutory Sick Pay will only be withheld where and to the extent permitted by law.

4. Certification and Medical Evidence

4.1 Self-Certification

For sickness absence lasting seven calendar days or fewer, including weekends and bank holidays, an employee may self-certify their sickness.

HDS will not normally require a fit note during the first seven calendar days.

If HDS exceptionally requires medical evidence during the first seven calendar days and obtaining that evidence involves a reasonable charge, HDS will normally meet that cost.

4.2 Fit Notes

Where sickness absence lasts for more than seven consecutive calendar days, the employee should obtain a valid Statement of Fitness for Work ("fit note") and provide it to their line manager as soon as reasonably practicable.

A fit note may be provided in paper or digital form.

Fit notes may be issued by an appropriately qualified healthcare professional authorised by law to issue them.

4.3 The employee is responsible for ensuring that continuing sickness absence is appropriately certified where required.

Where a fit note expires and the employee remains unfit for work, further appropriate medical evidence should be provided as soon as reasonably practicable.

4.4 HDS may agree to accept another appropriate form of medical evidence where permitted by law.

4.5 Late Fit Notes

HDS will not withhold Statutory Sick Pay solely because a fit note or other medical evidence has been provided late.

Where medical evidence has not been provided when reasonably required, HDS will contact the employee and consider the reason before deciding whether any further action is appropriate.

Persistent or unreasonable failure to provide required evidence without good reason may be addressed under the appropriate Company procedure.

4.6 Where a fit note states that an employee may be fit for work, HDS will discuss the advice with the employee and consider whether appropriate changes could facilitate a return to work.

Where the employee is disabled, any recommended measures will also be considered in accordance with HDS's duty to make reasonable adjustments.

If suitable arrangements cannot reasonably be made, the employee may continue to be treated as not fit for work for the period covered by the fit note. A replacement fit note stating "not fit for work" will not normally be required solely for that reason. 

5. Return to Work 

5.1

Employees should return to work when they are well enough to do so.

An employee does not require a separate "fit for work" certificate before returning to work simply because a previous fit note has expired.

An employee may also return before a fit note expires where they are well enough to do so. 

5.2 Where there are reasonable concerns regarding an employee's ability to return safely, HDS may discuss the situation with the employee and, where appropriate, seek Occupational Health or other suitable medical advice.

Any such action will be proportionate and will not unnecessarily delay a return to work. 

5.3 A line manager will normally hold a return-to-work discussion following sickness absence.

The purpose will be to:

• welcome the employee back;

• confirm the dates and general reason for the absence;

• confirm that the employee feels able to return;

• identify whether further support is required;

• consider whether the absence may be disability-related, pregnancy-related or work-related;

• discuss any recommendations contained in a fit note or Occupational Health report;

• identify whether reasonable adjustments should be considered;

• update the employee on any relevant workplace developments; and

• ensure appropriate absence records are completed.

5.4 A return-to-work discussion is intended to be supportive and is not, by itself, a disciplinary meeting. 

5.5 Temporary or permanent adjustments to duties, hours, working arrangements or the workplace will be considered in light of the circumstances.

Where the employee is disabled, HDS will comply with its statutory duty to make reasonable adjustments. 

5.6 Phased Returns

Where a phased return is appropriate, the employee and HDS will agree the proposed arrangements in advance where reasonably practicable.

This may include:

• temporary reduced hours;

• adjusted duties;

• amended working patterns;

• home or hybrid working where appropriate;

• workplace adaptations; and

• review dates.

Pay arrangements during a phased return will be confirmed in accordance with the employee's contract, any applicable Company Sick Pay arrangements, Statutory Sick Pay rules and applicable law.

6. Short-Term and Intermittent Absence

6.1 HDS may conduct an attendance review where an employee has:

• four or more separate sickness absences; or

• accumulated eight or more days of sickness absence, within a rolling 12-month period, whichever occurs first.

These are review points, not automatic disciplinary thresholds.

Reaching a review point will not automatically result in a warning or other formal action. 

6.2 HDS may also arrange an attendance review outside these review points where there is a reasonable concern regarding attendance levels, patterns of absence or the impact of absence on the organisation.

6.3 Before deciding whether formal action is appropriate, HDS will discuss the circumstances with the employee and consider, where relevant:

• the reasons for the absences;

• the employee's wellbeing;

• whether there is an underlying medical condition;

• whether the employee may be disabled;

• whether absence is pregnancy-related;

• whether absence is work-related;

• whether mental health is a relevant factor;

• whether statutory leave or another form of authorised leave should have applied;

• whether Occupational Health advice is appropriate;

• whether reasonable adjustments should be made;

• whether attendance review points should be adjusted;

• whether some absences should be recorded or considered separately; and

• what support could reasonably improve attendance. 

• 6.4 Disability-Related Absence

Where an employee is disabled or may be disabled, HDS will consider whether it would be a reasonable adjustment to:

• increase an attendance review point;

• disregard some or all disability-related absence when applying a review point;

• record disability-related absence separately;

• provide disability leave where appropriate; or

• make another adjustment to the attendance management process.

There is no automatic requirement that all disability-related absence be disregarded. Each case will be considered individually and reasonably.

6.5 Pregnancy-Related Absence

Pregnancy-related sickness absence will be recorded separately and will not be counted towards sickness absence review points.

6.6 Where attendance remains a concern after appropriate support and review, HDS may move to a formal attendance or capability process.

Genuine sickness absence will normally be managed as an attendance or capability matter rather than misconduct.

Misconduct procedures may be appropriate where there is evidence of dishonesty, abuse of the sickness procedure or an unreasonable failure to follow reasonable reporting requirements without good explanation.

6.7 Any formal attendance or capability process will be fair and proportionate and may include:

• a formal attendance review;

• an appropriate review period;

• an attendance improvement warning;

• a final attendance or capability warning; and

• in appropriate cases, consideration of dismissal on capability grounds.

Dismissal will not be an automatic consequence of reaching an attendance review point.

7. Long-Term Sickness Absence

7.1 Long-term sickness absence will normally mean an absence lasting four consecutive weeks or more.

HDS may begin providing additional support or seeking medical advice earlier where appropriate. 

7.2 During long-term absence, HDS will maintain reasonable contact with the employee.

The method and frequency of contact should normally be agreed having regard to:

• the employee's health;

• the likely duration of the absence;

• the need to obtain relevant updates;

• the employee's preferences;

• operational requirements; and

• any reasonable adjustments required. 

7.3 Where appropriate, and with the employee's agreement, a family member, friend or other representative may assist with communication where the employee is unable to communicate directly.

7.4 An Occupational Health referral will normally be considered where:

• absence lasts for four consecutive weeks or more;

• there are repeated absences related to the same or a similar condition;

• a condition may constitute a disability;

• medical advice is required regarding return to work;

• HDS needs advice regarding reasonable adjustments;

• there is concern about whether work is affecting the employee's health; or

• a capability decision may eventually need to be considered.

Referral may take place earlier where appropriate. 

7.5 Where an employee is absent following planned surgery or treatment and there is a reasonably predictable recovery period, the timing of an Occupational Health assessment may be arranged so that it provides useful and current information regarding the anticipated return to work.

7.6 Where recovery takes longer than expected or circumstances change, further or updated medical advice may be sought. 

7.7 HDS will consider appropriate medical advice and discuss with the employee:

• likely timescales for return;

• a phased return;

• changes to working hours;

• amended duties;

• workplace adaptations;

• flexible or alternative working arrangements;

• reasonable adjustments; and

• where appropriate, suitable alternative employment.

8. Working and System Access During Sick Leave 

8.1 Employees who are absent because of sickness are not normally expected to perform work.

Managers should not routinely require employees to work while certified or otherwise absent because of sickness.

8.2 Limited contact for administrative purposes, welfare discussions, handover information or return-to-work planning may take place where reasonable. 

8.3 Where appropriate, access to Company systems may be restricted during a period of sickness absence for operational, security or data-protection reasons.

Employees may use authorised systems where reasonably required for matters such as communicating with HDS, accessing payslips or completing agreed administrative tasks.

8.4 Unauthorised or improper access, use, copying or disclosure of Company information may be addressed under HDS's disciplinary, IT or data-security procedures.

The fact that an employee is on sickness absence will not, by itself, make otherwise authorised system access misconduct. 

9. Disability and Reasonable Adjustments

9.1  HDS will comply with the Equality Act 2010.

Under the Act, a person is generally disabled where they have a physical or mental impairment that has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities.

"Substantial" means more than minor or trivial and "long-term" generally means that the effect has lasted, or is likely to last, for at least 12 months.

Special rules apply to some conditions.

Cancer, HIV infection and multiple sclerosis are treated as disabilities from diagnosis for the purposes of the Equality Act 2010.

Other recurring, fluctuating or progressive conditions may also fall within the statutory definition. 

9.2 HDS's duty to consider reasonable adjustments may arise where HDS knows, or could reasonably be expected to know, that an employee is disabled and is placed at a substantial disadvantage.

An employee does not need to use the words "reasonable adjustment" before HDS considers whether the duty may apply.

9.3 Reasonable adjustments may include, depending upon the individual circumstances:

• amended hours;

• flexible working arrangements;

• phased return;

• amended duties;

• reallocation of particular duties;

• home or hybrid working;

• additional breaks;

• changes to equipment or the physical workplace;

• altered communication methods;

• time off for disability-related treatment;

• adjustment of absence review points;

• separate recording of disability-related absence;

• disability leave;

• additional training or support;

• transfer to a suitable alternative vacancy; or

• another appropriate adjustment.

9.4 The reasonableness of an adjustment will depend upon all relevant circumstances, including its effectiveness, practicability, cost, available resources, health and safety considerations and the impact on the organisation.

An employee will not be required to pay for a reasonable adjustment that HDS is legally required to provide.

9.5 HDS will consult with the employee when considering adjustments and may seek Occupational Health or other appropriate advice.

Medical advice will inform, but will not by itself determine, what constitutes a reasonable adjustment. The legal responsibility for determining and implementing reasonable adjustments remains with HDS. 

10. Suitable Alternative Employment 

10.1 Where an employee is unable to return to their substantive role, HDS will consider whether:

• further reasonable adjustments could enable them to remain in that role; or

• a suitable alternative vacancy is available.

10.2 Where disability is relevant, HDS will consider whether transfer to an appropriate vacant role would constitute a reasonable adjustment. 

10.3 HDS is not generally required to create an entirely new position solely for this purpose. However, HDS will consider whether existing duties can reasonably be adjusted or whether an available role could reasonably be offered.

10.4 Where an employee moves permanently to an alternative role, any changes to terms and conditions will be discussed and confirmed in writing before or at the time of the change.

11. Capability and Termination of Employment Due to Ill Health

11.1 Dismissal because of ill health or sickness absence will be considered only as a last resort.

HDS will not dismiss an employee merely because they are sick or disabled. 

11.2 Before dismissal on capability grounds is considered, HDS will normally:

• consult meaningfully with the employee;

• obtain sufficiently current medical or Occupational Health information where appropriate;

• consider the employee's views;

• consider the likely prognosis and timescale for improvement;

• consider whether the employee may be disabled;

• consider and, where required, implement reasonable adjustments;

• consider a phased or supported return;

• consider whether duties, hours or working arrangements could reasonably be altered;

• consider whether suitable alternative employment is available;

• consider the operational impact of continued absence;

• consider the employee's overall circumstances and relevant attendance history; and

• consider whether any other reasonable alternative to dismissal exists. 

11.3 No decision to dismiss will be made simply because Statutory Sick Pay or Company Sick Pay has ended.

The employment relationship continues unless and until it is lawfully terminated.

11.4 Where the employee is covered by an income-protection, permanent health insurance or similar benefit, HDS will consider the applicable contractual and scheme terms before making any decision that could affect the employee's entitlement.

HDS will not terminate employment for the purpose of frustrating an employee's lawful entitlement to such a benefit.

Appropriate specialist advice may be obtained where necessary. 

11.5 Where dismissal on capability grounds is proposed, the employee will:

• be informed that dismissal is under consideration;

• be given a reasonable opportunity to respond;

• be allowed to provide relevant information or medical evidence;

• have any reasonable alternatives considered;

• receive the decision in writing; and

• be given a right of appeal.

11.6

Where dismissal takes place, notice and pay will be dealt with in accordance with the employee's contract and applicable law.

HDS will comply with all relevant protections relating to discrimination, statutory leave, automatically unfair dismissal and other statutory employment rights.

12. Occupational Health and Medical Reports

12.1 HDS may refer an employee to Occupational Health or another appropriate medical professional where medical advice is reasonably required for an employment purpose.

The purpose may include advice regarding:

• fitness for work;

• likely duration of absence;

• likely return-to-work timescales;

• functional limitations;

• possible workplace adjustments;

• whether a condition may fall within the Equality Act 2010;

• whether duties or hours should temporarily change;

• whether alternative work should be considered; or

• capability.

12.2 HDS will only seek health information that is reasonably necessary and proportionate for the relevant employment purpose.

HDS will normally focus on the effect of a health condition on work rather than requesting unnecessary detailed clinical information.

12.3 HDS will not routinely request an employee's complete medical records.

Where information from a GP, consultant or other healthcare professional responsible for the employee's clinical care is required, specific and relevant information will normally be requested.

12.4 Where the Access to Medical Reports Act 1988 applies, HDS will obtain the employee's consent before requesting the report and will inform the employee of their applicable rights in relation to the report.

12.5 Employees are expected to cooperate reasonably with appropriate Occupational Health referrals and requests for relevant medical information.

Where an employee chooses not to provide information or participate in an appropriate assessment, HDS may need to make decisions using the information reasonably available to it.

Refusal will not automatically result in disciplinary action.

12.6 Health information is special category personal data.

HDS will process such information only where there is an appropriate lawful basis and special-category condition under applicable data-protection legislation.

Access will be restricted to those who reasonably need the information for their role. 

12.7 Medical information will be retained only for as long as reasonably necessary and in accordance with HDS's data-retention requirements and applicable law.

13. Sickness Absence Meetings 

13.1 Meetings may be arranged during or following sickness absence to discuss:

• the employee's health and wellbeing;

• anticipated return to work;

• medical advice;

• reasonable adjustments;

• attendance concerns;

• capability;

• support; or

• alternative employment. 

13.2

Meetings will be arranged with reasonable notice wherever practicable.

They may take place:

• at the workplace;

• remotely by telephone or video;

• at another agreed location; or

• exceptionally, at the employee's home where the employee agrees.

Home visits will not take place without the employee's agreement. 

13.3 HDS will consider reasonable adjustments to enable a disabled employee to participate in sickness absence meetings. 

13.4 At a formal attendance or capability meeting, an employee may be accompanied by a fellow worker, trade union representative or another companion agreed by HDS.

Where there is a statutory right to be accompanied, HDS will comply with that right. 

13.5 Where an employee is temporarily too unwell to attend a meeting, HDS will consider reasonable alternatives, including:

• rearranging the meeting;

• conducting it remotely;

• obtaining written representations;

• allowing the employee's representative to assist; or

• making another reasonable adjustment.

HDS is not required to postpone a process indefinitely and may ultimately make a decision on the information reasonably available where a fair opportunity to participate has been provided.

14. Specific Types of Absence 

14.1 Pregnancy-Related Sickness

Pregnancy-related sickness will be recorded separately from ordinary sickness absence and will not count towards HDS sickness absence review points.

HDS will comply with all applicable pregnancy and maternity rights.

Where pregnancy-related sickness occurs during the statutory period in which maternity leave may be triggered automatically, the matter will be dealt with in accordance with applicable maternity legislation and HDS's maternity arrangements. 

14.2 Disability-Related Absence

Disability-related absence will be considered individually and in accordance with section 9 of this policy.

HDS will consider whether separate recording, an adjustment to attendance review points or another reasonable adjustment is required. 

14.3 Statutory Leave

Absence properly taken as maternity, adoption, paternity, parental, neonatal care, parental bereavement, bereaved partner's paternity, carer's or other statutory leave will not be treated as sickness absence merely because it relates to health, care or family circumstances. 

14.4 Work-Related Illness or Injury

Where an illness or injury may have been caused or aggravated by work, HDS will consider whether further investigation or action is required under its health and safety responsibilities.

The employee will not be disadvantaged for raising legitimate health and safety concerns.

14.5 Lateness

Lateness genuinely caused by ill health may be considered under this policy.

Other lateness may be dealt with under the appropriate attendance or disciplinary procedure.

15. Medical and Health-Related Appointments

15.1 Ordinary Medical Appointments

HDS will endeavour to accommodate reasonable medical, dental and other health appointments during working hours where necessary and where operational requirements allow.

Employees should, where reasonably practicable, arrange routine appointments at times that minimise disruption to work.

15.2 Unless a statutory, contractual or reasonable-adjustment entitlement applies, there is no general entitlement to paid time off for routine medical appointments.

HDS may agree that such time is:

• paid;

• unpaid;

• made up at another agreed time;

• taken as annual leave; or

• managed through another agreed arrangement.

15.3 Statutory Appointment Rights

Nothing in section 15.2 affects any statutory right to time off or paid time off.

HDS will comply with applicable statutory rights including, where relevant:

• paid time off for antenatal care;

• statutory rights relating to adoption appointments; and

• any other statutory appointment entitlement.

15.4 Disability-Related Appointments

Where an appointment is connected with a disability, HDS will consider whether time off, altered working arrangements or another measure is required as a reasonable adjustment.

15.5 Gender Reassignment

Time off connected with gender reassignment will be handled sensitively and without unlawful discrimination.

15.6 HDS may request reasonable evidence that an appointment is taking place where appropriate.

Any request for evidence will be proportionate and HDS will not seek unnecessary medical information.

16. Statutory Sick Pay and Company Sick Pay 

16.1 Statutory Sick Pay

Employees and other qualifying individuals will receive Statutory Sick Pay ("SSP") where they satisfy the statutory eligibility requirements in force at the relevant time.

From 6 April 2026, eligible employees may qualify for SSP regardless of their level of earnings.

16.2 For sickness absences falling under the current statutory regime, SSP is payable for qualifying days from the first full qualifying day of sickness absence, subject to the applicable statutory rules.

The former statutory waiting-day requirement no longer applies to new sickness absences under the post-6 April 2026 regime. 

16.3 SSP will be calculated and paid at the rate and in the manner prescribed by legislation in force at the relevant time.

Under the current statutory framework, this is based on the lower of:

• the applicable statutory weekly flat rate; and

• 80% of the employee's relevant average weekly earnings,

subject to the detailed statutory calculation rules. 

16.4 SSP may be payable for up to the statutory maximum period, currently 28 weeks, subject to eligibility, linked-period and other statutory rules. 

16.5 Notification and SSP

The internal HDS reporting requirements in section 3 support effective absence management.

They do not override the statutory rules governing SSP.

For SSP purposes, HDS will:

• apply the statutory notification requirements in force at the relevant time;

• consider whether there was a good reason for any delay in notification;

• only withhold SSP for late notification where and to the extent permitted by law; and

• not withhold SSP solely because a fit note or other medical evidence was submitted late. 

16.6 Failure to comply with an internal HDS reporting requirement may be addressed separately as an attendance or conduct matter where appropriate, but this will not automatically remove statutory SSP entitlement.

16.7 Company Sick Pay

Any contractual Company Sick Pay entitlement will be governed by the employee's contract and the applicable Company scheme.

Where no contractual entitlement applies, HDS may, at its discretion, make an additional sickness payment having regard to the individual circumstances.

Any discretion will be exercised fairly, consistently, reasonably and without unlawful discrimination.

16.8 Where Company Sick Pay is paid, SSP will normally form part of that payment rather than being paid in addition to it, unless the employee's contractual terms provide otherwise.

16.9 SSP1

Where HDS determines that an employee is not eligible for SSP or where their SSP entitlement is expected to end while they remain sick, HDS will provide form SSP1 within the statutory timescale applicable at the time.

Employees will also be informed, where appropriate, when their SSP entitlement is expected to end.

 17. Annual Leave and Sickness Absence 

17.1 Becoming Sick During Annual Leave

Where an employee becomes unfit for work immediately before or during a period of annual leave, they may request that the affected period is treated as sickness absence instead of annual leave.

The employee must:

• notify HDS of the sickness in accordance with the sickness reporting procedure as soon as reasonably practicable; and

• provide any certification or medical evidence required under this policy and applicable law.

Where the statutory requirements are met, affected statutory annual leave will be reinstated so that it can be taken at another time.

Additional contractual holiday will be dealt with in accordance with the employee's contractual entitlement. 

17.2 Taking Annual Leave While Sick

An employee may request to take annual leave during a period of sickness absence.

HDS will not require an employee to take annual leave simply because they are on sickness absence.

Where annual leave is agreed during sickness absence, the employee will receive the appropriate holiday pay for that period and the treatment of sick leave and sick pay will be confirmed to the employee.

17.3 Holiday Accrual During Sickness

Statutory annual leave will continue to accrue during sickness absence in accordance with applicable law.

Any holiday entitlement above the statutory minimum will accrue or otherwise be dealt with in accordance with the employee's contractual terms. 

17.4 Carry-Over Due to Sickness

Where an employee has been unable to take statutory annual leave because of sickness absence, HDS will permit statutory carry-over to the extent required by the Working Time Regulations 1998 and other applicable legislation.

For regular-hours workers, this may include carrying forward up to four weeks of statutory annual leave where sickness prevented it being taken, with the carried-over leave to be used within the applicable statutory 18-month period.

Different statutory rules may apply to irregular-hours and part-year workers and HDS will apply the rules relevant to the worker's circumstances.

Nothing in this policy limits any greater contractual carry-over entitlement. 

17.5 HDS and employees should discuss annual leave during long-term sickness absence so that statutory holiday rights are appropriately managed.

18. Absence Without Leave and Failure to Follow the Procedure

18.1 HDS may treat an absence as potentially unauthorised where an employee, without reasonable explanation:

• fails to attend work;

• fails to follow the sickness absence notification procedure;

• fails to maintain reasonable contact;

• fails to return from authorised leave; or

• is absent for another reason without permission.

18.2 An absence will not automatically be treated as misconduct merely because notification was late.

Before taking action, HDS will consider whether there is a reasonable explanation, including:

• serious illness or injury;

• hospitalisation;

• mental ill health;

• disability;

• communication difficulties;

• emergency circumstances; or

• another reason that reasonably prevented the employee from making contact.

18.3 Where an employee appears to be absent without contact, the manager will make reasonable attempts to contact the employee.

Where appropriate, this may include contacting an emergency contact for welfare purposes, having regard to confidentiality and data protection requirements.

18.4 Persistent or deliberate failure to comply with reasonable absence-reporting requirements without good reason may result in action under HDS's disciplinary procedure.

Serious cases may potentially amount to gross misconduct, but only following a fair investigation and consideration of all relevant circumstances.

18.5 Failure to provide a fit note within an expected timescale will not automatically result in SSP being withheld or the absence being treated as unpaid.

HDS will establish the reason for the delay and will apply statutory SSP rules.

Separate action may be considered where an employee unreasonably and persistently fails to provide required evidence without good reason.

19. Sickness Records, Confidentiality and Data Protection

19.1 HDS will maintain appropriate records relating to sickness absence for legitimate employment, payroll, health and safety, equality and legal purposes. 

19.2 Health information will be treated as confidential special-category personal data.

HDS will:

• collect only information that is adequate, relevant and reasonably necessary;

• limit access to those with a legitimate need to know;

• keep information appropriately secure;

• use health information only for lawful and appropriate purposes;

• avoid unnecessarily detailed medical records;

• distinguish, where appropriate, between general absence records and detailed health information;

• comply with applicable privacy information and data-protection requirements; and

• retain information only for as long as reasonably necessary in accordance with applicable law and HDS's retention arrangements.

19.3 Managers must not disclose an employee's medical condition to colleagues or third parties merely because the employee is absent.

Where colleagues require operational information, managers should normally communicate only that the employee is absent and any appropriate work-related information.

19.4 Where HDS needs to share health information with a third party, it will only do so where there is a lawful and proportionate reason.

20. Policy Review and Legal Compliance

20.1 This policy will be formally reviewed at least annually.

It will also be reviewed sooner where required because of:

• changes in legislation;

• changes in statutory rates or rules;

• new or updated Government, Acas, ICO or other relevant statutory guidance;

• significant case law;

• changes to HDS's contractual arrangements or benefits; or

• operational experience indicating that amendments are required.

20.2 Managers responsible for applying this policy will receive appropriate guidance and support.

20.3 HDS will apply this policy consistently while recognising that sickness absence cases must be considered individually.

Consistency does not require identical treatment where individual circumstances differ.

20.4 Nothing in this policy is intended to restrict an employee's rights under:

• the Employment Rights Act 1996 and subsequent employment legislation;

• the Employment Rights Act 2025 and legislation made under it;

• the Equality Act 2010;

• the Working Time Regulations 1998;

• applicable Statutory Sick Pay legislation;

• data protection legislation;

• health and safety legislation;

• the Access to Medical Reports Act 1988; or

• any other applicable statutory or contractual right.

20.5 If any provision of this policy conflicts with a mandatory statutory right, the statutory right will take precedence.

Joe Charlesworth

Director - Highway Data Systems Ltd