Gill McAteer

Gill McAteer

While it is unclear why younger employees increasingly cite mental health as the main reason for sickness absence, employers still have a legal duty to protect staff health and wellbeing.

Although stress- or anxiety-related absences cannot always be prevented, employers should take proactive steps, such as fostering a culture that encourages open conversations about mental wellbeing, offering support or adjustments, and ensuring workloads are manageable.

Regular manager check-ins help build trust and create opportunities to discuss issues and explore solutions, including flexible-working arrangements. Training managers on these conversations and investing in mental health first aiders further embeds a culture that prioritises wellbeing, helping reduce sickness absence while demonstrating compliance with health and safety, and equality duties.

Having a clear sickness policy and return-to-work procedure to monitor trends and support employees effectively is important. Proper processes ensure sickness is managed fairly, help staff feel supported and enable employers to identify patterns that may indicate broader issues. Employers should regularly review absence levels to spot repeated short-term absences early and speak to employees to understand the reasons. Where a long-term medical condition is involved, medical advice may be required to understand its impact on work.

Self-certificates and return-to-work interviews are essential. Employees should complete a self-certification form for absences of up to seven days, and managers should hold a return-to-work meeting on the first day back. These informal but documented discussions help identify support needs and any emerging trends that may arise in their absence. Consistency is also key: if absences are excessive without explanation and support has already been offered, disciplinary action may be necessary. However, where long-term health conditions are involved, employers must consider reasonable adjustments to avoid disability discrimination.

Looking ahead to the Employment Rights Bill, it is difficult to predict the impact on sickness levels. From April 2026, statutory sick pay will be payable from day one, rather than day four, and the earnings threshold will be removed, allowing more employees to qualify. These changes may lead to an increase in short-term absences, but employers that prioritise wellbeing and apply clear, consistent policies should see levels stabilise and decrease over time.

Gill McAteer is director of employment law at Citation