Is it legal for a workplace to not have a sickness policy? | LawHive - Solicitors & Lawyers Online
Is it legal for a workplace to not have a sickness policy?
Good morning people, UK resident here. I have been having the toughest time of it at work recently, working as business support in a college. I’m currently on sick leave because of said tough time, and I have made a point to intricately go through all the working policies etc to cover my back. My contract is ending early august, and I’m extending my sick leave as I can’t face it there and tried to locate the sickness/sick-leave/sick pay policies but there is just absolutely nothing and I have deep dived. Is this legal for a workplace to do? I was under the assumption it had to be clearly outlined, and in one document it says refer to your contract (contract says refer to the sickness policy 🫠) I also saw something that I don’t know if this is a red flag, in the health and safety policy there was a point of ‘not having to disclose medical conditions, but if asked you need to disclose any taken medication and it’s impact’. Is this not discrimination to do this?

Celia Morgan

20th October 2021



Top Answer
> if asked you need to disclose any taken medication and it’s impact This is normal where mechanical equipment/machinery is present, it’s a HSE obligation (to you & your colleagues) and so won’t be classed as discriminatory. It’s an extension of the “don’t operate heavy machinery with this medication”.

Debbie Carrillo

11th February 2022



As for sick leave etc. If there is no set policy, your minimum assumption is Statutory Sick leave and Statutory sick pay. Yes, they should have a clear policy on it but as you are leaving soon, it really isn't worth the bother.

Tracy Ventura

11th February 2022



I assume you’re asking about pay. My guess is there is a table somewhere detailing your access to company sick pay on an ascending scale based on your length of service. Whether it’s a discretionary right or contractual right depends on the wording. If you’ve been off sick a while and not worked there for very long my guess is you’ll be on SSP until your contract ends.

Mary Kersey

11th February 2022


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