Natalie Abbott, Partner and Head of Employment Law at Rothera Bray breaks down the legalities, practicalities, and best practices around working from home when you’re sick.
What counts as sick leave in the UK?
- Employees can self-certify for up to seven days
- A doctor’s note is required if they’re off for more than seven consecutive days (including non-working days)
- Absence longer than four weeks is generally considered long-term sick leave
Can employers contact staff during sick leave?
Yes, but they must tread carefully. A friendly check-in can be helpful, but calling about deadlines or projects is risky.
- If the illness involves stress, anxiety, or depression, unnecessary contact could worsen symptoms
- Pushing work-related issues during sick leave might even lead to claims of constructive dismissal
Working from home when sick
It isn’t uncommon for an employee to propose that whilst they are too ill to commute, they can still work from home, but:
- If an employee is not fit to work in the office, they’re not fit to work anywhere, including home
- Encouraging work during sick leave can breach the employer’s duty of care and lead to liability if the employee’s health worsens
- Even if the employee feels well enough, working while sick can delay recovery
Legal & health considerations for home working
If your company allows occasional home working, the rules still apply:
- Employers remain responsible for health, safety, and welfare, even at home
- Risk assessments must be done before and during home-working arrangements
- The Health and Safety at Work Act 1974 applies to home setups
- Employers may need to cover costs for equipment, broadband, printing, and phone charges
What should your sickness policy include?
A clear policy avoids confusion and protects both sides. Consider:
- No work during sick leave unless agreed and safe
- Guidelines for communication during illness
- Health & safety compliance for home-working arrangements
For example, if an employee is signed off by a doctor or self-certifies as sick, they should not work under any circumstances.
However, if someone is recovering from surgery and requests to work from home voluntarily, the manager can assess the situation.
Whilst on paper working from home while sick might seem an attractive option, employers must prioritise health and comply with duty-of-care obligations.
Unsure where your company stands on sick leave and home working? Our employment law specialists can help. Contact them on 03456 465 465 or email enquiries@rotherabray.co.uk for tailored guidance.
Disclaimer: This blog is for information only and does not constitute legal advice. If you need legal advice, please contact us on 03456 465 465 or email enquiries@rotherabray.co.uk to get tailored advice specific to your circumstances from our qualified lawyers.
