What the New Employment Rights Changes Mean for Sickness and Absence

Recent changes to employment law are not happening in isolation. They are landing at a time when the workforce is already under significant pressure. 

Sickness absence is rising and long term illness is increasing. Current data indicates that approximately 2.8 million people in the UK are currently economically inactive due to long term illness. For employers, this is not abstract. It is already affecting recruitment, retention, and day to day team capacity. 

The Employment Rights Act builds on this reality. It signals a shift in how responsibility is being placed on employers when it comes to sup

porting people in work. 

What is Changing 

The direction of travel is clear: employees are gaining earlier and stronger protections. The "wait and see" approach to management is becoming a significant compliance risk. 

Key changes to be aware of include: 

• Statutory Sick Pay (SSP) Reform: The removal of the three-day waiting period means sick pay is now a Day One right. Additionally, the removal of the Lower Earnings Limit extends eligibility to millions of part time and lower paid workers. 

  
  

• Day One Rights: Protections against unfair dismissal now apply much earlier in the employment journey. While the statutory probation period offers a window for assessment, the margin for error in early-stage performance management has narrowed significantly. 

  
  

• Flexible Working: Employers must now prove that a request is unreasonable rather than employees having to justify the need for it. 

  
  

These changes reduce the window for reactive management. Employers have less time to observe how a situation develops before formal action—or meaningful support—is expected. 

Why This Is Affecting Employers Now 

These legislative shifts are coming at a point where health is already affecting workforce participation at scale. According to national wellbeing benchmarks, sickness absence has hit a 15-year high. 

For many organisations, the challenge is not just the absence itself. It is the "Leavism" and "Presenteeism" occurring in the background: 

1. Employees working while unwell to avoid falling behind. 

   
   

2. Using annual leave to recover from burnout. 

   
   

3. Maintaining stable performance on paper while team morale declines under the surface. 

   
   

The Link Between Policy and Pressure 

The Employment Rights Act does not create this pressure, but it does change how organisations are legally expected to respond to it. 

With earlier protections and stronger expectations around fairness, employers are being pushed toward earlier intervention. Waiting until absence becomes prolonged or performance drops significantly is now harder to justify. This shifts the focus from managing issues once they are visible to recognising and responding to them at the first signal. 

The Strategic Response: Beyond the Basics 

One of the clearest responses to this shift is the rise in employer funded health support. More organisations are now moving beyond basic compliance to offer: 

• Virtual GP access to bypass primary care delays. 

  
  

• Specialised mental health support services. 

  
  

• Early intervention options like physiotherapy for musculoskeletal issues. 

  
  

This is a practical response to workforce risk. Faster access to support can reduce absence length and support an earlier return to work. For many, these benefits are no longer an added extra but a business necessity to protect productivity and ROI. 

What Employers Should Be Considering 

The question is not just whether support exists, but whether it is used early enough to make a difference. 

In practice, this is where the gap often appears. 

• Manager capability, not just training It is not enough for managers to be aware of policies. They need to feel confident handling early health conversations, especially when there is no formal issue yet and the situation is unclear.  

• Access that works in reality Support can exist on paper but still be underused. If employees only engage with services once they are already struggling, the opportunity for early intervention has already been missed.  

• Consistency under pressure Health related concerns are often handled differently across teams. Inconsistent responses, especially in the early stages, can quickly undermine trust and lead to escalation. 

  
  

A Shift in Expectation 

What is changing is not just the law; it is the expectation of the modern workplace. Employers are no longer judged only on how they manage a leaver. There is an increasing focus on what they do to keep people healthy and engaged from the very first day. 

Earlier conversations, clearer pathways, and more consistent support are becoming part of standard practice. The Employment Rights Act reflects a wider shift: health is no longer something that sits outside of work. It is shaping how work happens. 

About Every Wellbeing 

Every Wellbeing works with organisations to review workplace wellbeing approaches, identify gaps, and support practical changes that reflect what employees and teams are experiencing.