Long-term sickness absence can be a major challenge for GP practices — especially in small teams where every role is vital to smooth operations. While compassion and support are essential, GP employers also need to balance this with legal obligations, regulatory requirements and service continuity. It’s often a difficult balancing act and there comes a time when action needs to be taken.
While there’s no strict legal definition, long-term absence is usually considered to be continuous sickness lasting four weeks or more. It might involve physical illness, mental health issues, or recovery from surgery. In some cases, the absence may be linked to a long-term or fluctuating condition classed as a disability under the Equality Act 2010. In fact, where absence is recurrent or long-term, it’s usually best to assume there is an underlying disability, and act accordingly (not that we’re suggesting for a second you admit this publicly).
Managing long term or recurrent absence usually involves the following:
Maintain regular, sensitive contact with the employee. This helps show support, keeps communication open, and avoids claims of isolation or unfair treatment. That said, be mindful of too much contact and being accused of harassment (sometimes you can’t win, hey?!). It’s best to agree parameters for contact and ensure the purpose is clear.
GP surgeries are entitled to request fit notes and, where needed, a report from the employee’s GP or occupational health. This is key to understanding their condition and future ability to return to work. Although you are a GP surgery and your Partners are understandably more qualified that most employers to comment on the employee’s condition, the Tribunal will still expect contact with the employee’s own GP or an independent occupational health professional.
If the employee has a condition which could amount to a disability, the practice must consider reasonable adjustments — such as reduced hours, altered duties, or phased returns. Remember, the obligation is on the employer to make the adjustments needed, not for the employee to request them. Occupational Health input is often crucial to determining what is needed. Rules, practices and requirements on the employee must be objectively justified and proportionate too.
Invite the employee to discuss their prognosis, any workplace support needed, and potential timelines for return. These meetings should be handled with care, and notes should be taken.
If the employee is able to return with support, agree a phased return to work or explore adjustments to their role. Support should be genuine and tailored — a one-size-fits-all approach won’t be sufficient legally or practically.
If a return to work isn’t possible even with adjustments, ill-health retirement (for eligible NHS pension scheme members) or capability dismissal may be appropriate. However, this must follow a fair process:
You must consider if you need to refer the clinician to the GMC if their health affects their fitness to practise.
Long-term or recurrent sickness absences are part of working life — but how they are managed speaks volumes about your practice culture and professionalism. Taking a structured, fair approach helps reduce disruption, support staff well-being, and avoid costly legal mistakes.
To discuss this topic further, please get in touch with Sarah Young - sarah.young@porterdodson.co.uk