Can My Employer Force Me to Come Into Work If I’m Sick?
11/08/2026
Being asked or told to come into work when you are genuinely too unwell to do so is a stressful position to be in. Your employer may be saying things like “we really need you in today” or “we are understaffed”, which may make you feel like you have no choice in the matter, or that you are letting down your coworkers.
In reality, sickness is an unfortunate but practically unavoidable scenario, and is not something you are at fault for. If your employer is pressuring you to work through illness, or hinting at consequences if you take sick leave, it is natural to be unsure of where you stand. In this article, we explain what your employer can and cannot do, your rights around sick pay, and the steps you can take if things escalate.
The short answer
No. Your employer cannot lawfully compel you to work when you are unfit to do so. If you are too ill to carry out your role safely, you have the right to take sick leave, provided you follow your company’s sickness absence policies. These policies may include the frequency of reporting your absence, self-certification, fit notes, and return-to-work procedures.
Being pressured to attend can, depending on the circumstances, give rise to a breach of contract or health and safety concerns. In more serious cases, particularly where the illness is linked to a protected characteristic under the Equality Act 2010, such as disability or pregnancy, or where sustained pressure damages the working relationship, it may also lead to a discrimination or constructive dismissal claim.
Do you need a fit note?
For the first 7 calendar days of absence, you can self-certify by informing your employer in writing that you are unwell. If your absence continues beyond 7 calendar days in a row, your employer can ask you to provide a fit note from a healthcare professional (for a full list of accepted healthcare professionals, see here). Fit notes for absences over 7 days can be obtained free of charge from the NHS.
A fit note is not legally binding on your employer, but where it recommends adjustments to your role or a phased return to work, your employer is expected to give those recommendations proper consideration where reasonably practical.
What are you entitled to be paid?
If you are eligible, you can receive Statutory Sick Pay (SSP), currently £123.25 per week or 80% of your average weekly earnings, whichever is lower, paid by your employer for up to 28 weeks (rate correct as of 6 August 2026). Since April 2026, SSP has been payable from the first day of your absence, and eligibility no longer depends on how much you earn. Your contract may also entitle you to enhanced or “contractual” sick pay above the statutory minimum, so it is worth checking. Your employer cannot lawfully require you to use annual leave in place of sick leave.
If you would like to learn more about the changes in employment law that came into effect in April 2026, you can read our article on the topic here.
Can your employer take action against you for being off sick?
An employer can, in principle, consider dismissal on grounds of “capability” where long-term ill health prevents you from carrying out your role. However, they must follow a fair process before doing so, which typically includes obtaining medical evidence, consulting you, and exploring whether reasonable adjustments could enable a return to work in some form. Dismissing an employee for taking legitimate sick leave, or without following a proper process, may amount to unfair dismissal. Most employees currently need 2 years’ continuous service to bring an ordinary unfair dismissal claim, although this qualifying period is due to fall to 6 months from January 2027 under the Employment Rights Act 2025.
If your illness meets the legal definition of a disability under the Equality Act 2010, a physical or mental impairment that has a substantial and long-term adverse effect on your ability to carry out normal day-to-day activities, your employer also has a duty to make reasonable adjustments. Treating you unfavourably because of a disability may give rise to a discrimination claim, and unlike unfair dismissal, disability discrimination claims can be brought from the first day of your employment.
What to do now
Keep a written record. Where possible, communicate with your employer by email so there is a clear paper trail, and keep copies of any fit notes, sickness certifications, and messages relating to your absence.
If your rights are being ignored, if you are being threatened with disciplinary action for being off sick, or if you have been offered a settlement agreement in connection with your absence, it is worth getting legal advice before you take any further step, and particularly before signing anything.
In most cases, employment tribunal claims currently have a strict time limit of 3 months minus 1 day from the date the incident, problem, or dismissal occurred, so it is important not to delay. This deadline is due to rise to 6 months for acts occurring on or after 1 October 2026 under the Employment Rights Act 2025. Most employment tribunal claims also require early conciliation through ACAS before they can be brought.
Speak with a member of our employment team
JR Levins:
📧 enquiries@jrlevins.co.uk
📞 Merseyside: 0151 480 5777
Widnes: 0151 423 3661
Runcorn: 01928 711119
📧 enquiries@jrlevins.co.uk
📞 Merseyside: 0151 480 5777
Widnes: 0151 423 3661
Runcorn: 01928 711119
