Managing short-term staff absence in GP Practices: Legal duties and risks

    Managing short-term staff absence in GP Practices: Legal duties and risks

    In a busy GP surgery, even a single staff absence can have a knock-on effect on patient care, appointment flow, and team morale. Managing short-term sickness absence fairly and lawfully is not just good HR practice — it's essential to avoid legal pitfalls, maintain CQC compliance and keep your team functioning safely and effectively.

    What counts as short-term absence?

    Short-term absences typically refer to intermittent, self-limited periods of sickness — for example, a receptionist off with a cold for two days, or a nurse signed off for one week with flu. While often unavoidable (everyone gets ill, after all), repeated or poorly managed absences can become disruptive and costly. In clinical teams, frequent short-term absence can also risk breaching NHS access targets or clinical governance standards. CQC inspectors may look at how your practice ensures safe staffing and continuity of care, even during periods of absence.

    Legal requirements for GP employers

    Under UK employment law, GP surgeries must handle sickness absence in a way that is fair, consistent, and non-discriminatory. Key steps include:

    1. Clear Absence Policy
      Ensure the practice has a written sickness absence policy that covers:
      • How and when to report absence
      • When fit notes are required
      • Return-to-work processes
    2. Monitoring and record-keeping
      Keep accurate records of absences. This helps spot patterns and ensures decisions are evidence-based. For example, a salaried GP regularly calling in sick on Mondays might signal burnout, ill health or another underlying issue that needs support or formal review.
    3. Return-to-work meetings
      Hold brief return-to-work meetings after every absence — not as a disciplinary step, but to support the employee and identify any issues early. If employees know they are required to attend a return-to-work meeting and discuss their absence, it makes ‘sickies’ less attractive!
    4. Triggers and reviews
      Use absence “triggers” (e.g. 3 absences in 6 months) to review attendance and decide if further action is needed, such as an informal chat or occupational health referral. Absence reviews should be consistent across all roles – from reception to nursing to salaried GPs.
    5. Reasonable adjustments
      Be alert to signs that frequent absence might relate to a disability or long-term health issue. Under the Equality Act 2010, you may have a duty to make reasonable adjustments. For clinical staff, adjustments must also align with GMC/NMC standards, ensuring they are fit to practise and not compromising patient safety.

     

    Risks of getting it wrong

    Failing to manage short-term absence fairly can expose GP practices to employment claims, including:

    • Unfair dismissal if an employee is dismissed without a fair process
    • Disability discrimination if absences are linked to an underlying health condition and reasonable adjustments are not considered
    • Breach of contract if absence procedures in the employment contract or staff handbook are ignored
    • Constructive dismissal claims if an employee feels forced to resign due to unfair treatment

    There can also be regulatory consequences. The CQC may identify poor absence management as a risk to patient safety or leadership effectiveness, especially if there is no clear plan for managing gaps in clinical staffing.

    Best practice for GP practices

    • Apply absence procedures consistently across all staff, from reception to clinical roles
    • Document conversations, meetings, and steps taken
    • Train line managers and practice leads on basic absence management and equality obligations
    • Review your locum cover and indemnity arrangements

    Conclusion

    Short-term 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.

    If short term absence is becoming a problem, take advice before you are at the end of your tether. A capability process for absence can take some time and it’s best to put things on a formal footing before your patience has run out.

    Contact Sarah Young - sarah.young@porterdodson.co.uk 

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