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Loading...By Renaldas Sidlauskas (NALP member, Paralegal)
At some point, most employees will miss work. Trains are cancelled, childcare collapses, relatives (or the employee themselves) fall sick – unexpected emergencies take many forms. Although most (not all) employers recognize (and make provision for) this reality, the legal position is that while employees have statutory rights, they can’t just take time off whenever they choose. Unfortunately, the line between legitimate absence and misconduct is sometimes poorly understood – by both sides. And when disputes arise, they often hinge not on the absence itself, but on how the absence was handled.
Before going any further, let us be clear that the following is general information, not individual legal advice. Always assess your own facts, documents and timelines.
Image: AI generated
That being said, let’s look at how someone can protect themself if their absence from work runs into an unsympathetic response from management.
Documentation matters
A worker under stress remembers feelings. A tribunal reads evidence – employers know that and you should too.
There are several scenarios where absence (or refusal to attend/return) may be lawful or protected. The precise protection depends on status (employee/worker), contract terms, and what you communicated to the employer. You need communication to be recorded in written form.
Lawful or protected absence
If you are off sick for seven days or less, you can usually self-certify. After that, a fit note is typically required. Government and ACAS guidance confirm self-certification for the first seven days.
Employees have a statutory right to a reasonable amount of time off to take necessary action in an emergency involving a dependent (usually unpaid, but lawful). This right is set out in ERA 1996 s.57A.
Unfavorable treatment connected to pregnancy or pregnancy-related illness can trigger Equality Act protections (EqA 2010 s.18).
If you are called for jury service, the employer must allow time off and must not penalize you for attending.
Where you reasonably believe there is serious and imminent danger, the law can protect you from detriment for leaving/refusing to return and can also protect against dismissal in those circumstances (ERA 1996 s.44 and s.100).
If you raise qualifying concerns in the public interest, protections can apply under the protected disclosure framework (ERA 1996 Part IVA).
Workers have statutory protection from detriment related to trade union membership/activities (TULRCA 1992 s.146), with further protections around dismissals connected to union activity.
And of course there is annual leave. Statutory holiday entitlement is grounded in the Working Time Regulations 1998.
The worker’s evidence protocol
To keep yourself on the right side of the employee/employer relationship regarding absence from work, follow this practical framework:
- Notify your employer immediately (as per their policy) and always follow up in writing (email/WhatsApp screenshot).
- State the reason plainly. Do not over-explain under pressure. Keep to the facts, not emotions.
- Attach proof where available (fit note, hospital letter, jury summons). If proof is not yet available, say when it will be provided.
- If the employer pushes resignation: do not sign in panic. Ask for everything in writing and take your time.
- Move all ‘phone-only’ conversations back into email: “Further to our call, my understanding is…”
- If a grievance exists: submit a written grievance and ask for it to be treated as part of the official record.
Grievance hearings: what a fair process looks like
A grievance is not supposed to be a surprise interview. At minimum, you should know who will attend, what will be covered, and whether minutes/recording will be provided. The statutory right to be accompanied can apply in grievance meetings.
As a minimum, insist on:
- Who will attend and in what role
- The scope/issues to be covered
- Whether minutes/recording will be taken and shared
- Reasonable adjustments (remote hearing, breaks, translator) where health or language requires it.
The psychological truth: fear is the tool – silence is the outcome
Most people do not lose their case on ‘law’. They lose it on psychology: panic, shame, and isolation. A frightened worker will choose the path of least resistance—sometimes resignation—even when they had lawful protection.
If you are in that position, the rule is simple: do not disappear. Communicate, document, and escalate properly. Silence is how the narrative gets written without you.
Renaldas Sidlauskas is an experienced paralegal and member of the National Association of Licensed Paralegals (NALP). NALP is a non-profit membership body and the only paralegal body that is recognized as an awarding organization by Ofqual (the regulator of qualifications in England). Through its Centers around the country, accredited and recognized professional paralegal qualifications are offered for those looking for a career as a paralegal professional.
The views and opinions expressed in this blog post or content are those of the authors or the interviewees and do not necessarily reflect the official policy or position of any other agency, organization, employer, or company.
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