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UK Career FAQ · 2026 Guide

How Long Can I Be Off Sick UK Without Losing My Job?

Alex By Alex · 12-year UK recruiter · Updated April 2026

What it means

UK employees are entitled to be off sick without immediate risk of dismissal. The right is to remain employed during genuine sickness, accrue holiday, and return when fit. Long-term sickness can eventually lead to capability dismissal, but only after a structured fair process including consultation, occupational health assessment, and consideration of reasonable adjustments.

How it works

Days 1-7: Self-certify. Days 8+: Fit note required. SSP pays £118.75/week for up to 28 weeks. Company sick pay (per your contract) often pays full or partial salary for 6-12 months. After paid sick pay ends, you remain employed (often unpaid) until either you return, capability dismissal occurs, or you resign. Holiday accrues throughout.

What to do

Follow your employer's sickness procedure: notify on day 1, provide fit notes for absences over 7 days, attend any return-to-work meetings or occupational health appointments. For mental health absences, consider whether sick leave is the right path vs resignation — sick leave protects your job; resignation ends it. Don't resign during a crisis.

Common mistakes

Common UK long-term sickness mistakes: (1) Resigning instead of taking sick leave — losing job protection. (2) Failing to attend occupational health appointments. (3) Not getting fit notes promptly (causes payroll issues). (4) Missing return-to-work meetings. (5) Not raising disability rights early when applicable.

Worked example

David has been off sick for 10 months following a serious accident. Company sick pay (full pay for 13 weeks then SSP) has run out. He remains employed but now unpaid. His employer initiates capability process: occupational health assesses fitness; consultation discusses adjustments and timeline. Two months later, after no realistic return prospect, he's offered ill-health retirement (early pension access) as an alternative to capability dismissal.

Recruiter pro tip

If you have an underlying health condition that may meet Equality Act 2010 disability definition (substantial + long-term effect), document it early. Disability protections require employers to consider reasonable adjustments and significantly raise the bar for fair capability dismissal. Conditions like depression, anxiety, MS, cancer (any stage), and many chronic illnesses often qualify.

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