Understanding Your Right to Go Home Sick During the Workday
Understanding Your Right to Go Home Sick During the Workday
If you start to feel unwell while at work, you have the right to leave and go home sick – even if your shift has only just begun or you are partway through your working day. UK employment law recognises that your health comes first, and you should not feel pressured to remain at work if illness makes it difficult or unsafe to continue.
There is no legal requirement to “wait until the end of your shift” before going home sick. Whether you work full-time, part-time, or on a shift pattern, the same principle applies: if you are genuinely unwell and unable to carry out your duties, you can leave work to recover. This right is supported by general health and safety obligations, which require both employers and employees to avoid situations that could worsen illness or risk the wellbeing of others.
Notifying your employer promptly is essential. Most workplaces have a sickness absence policy that sets out how to report illness. Typically, you should inform your manager or supervisor as soon as you realise you are unwell, following the agreed procedure (such as phoning in, sending an email, or filling in a sickness form). If you are unsure of the process, ask your HR department or check your staff handbook.
For example, if you develop a migraine halfway through your shift or start experiencing symptoms of a contagious illness, you should notify your employer straight away, explain your situation, and request to leave. Your employer should not unreasonably refuse this request, especially if your health or the health of colleagues could be at risk.
Your right to go home sick is underpinned by UK employment law, including protections set out in the Employment Rights Act 1996. This legislation covers your entitlement to take time off when you are unwell and sets out your rights regarding sick pay and absence procedures.
To understand how leaving work partway through the day affects your sick pay and leave entitlements, and to see how this fits within your overall rights as an employee, you may find it helpful to read more about Sick Leave and Sick Pay. You can also explore a broader overview of Leave Rights in the UK for additional context on your legal protections at work.
If you are ever unsure about your rights or your employer’s obligations when you need to go home sick, it’s a good idea to check your contract, review your workplace policies, and seek advice from a union representative or an employment adviser. Remember, your health and safety should always come first.
How to Inform Your Employer When You Need to Leave Sick
When you start to feel unwell at work and need to leave partway through the day, it’s important to notify your employer as soon as possible. Doing this correctly not only helps your employer manage your absence but also ensures you receive any sick pay or other entitlements you may be due.
Who to Contact and How
In most workplaces, you should inform your direct line manager or supervisor if you need to go home sick. If they are unavailable, check your staff handbook or HR policies for an alternative contact, such as an HR representative.
The best way to notify your employer is usually in person if you are still at work. If you are unable to speak to your manager directly, a phone call is often preferred, as it allows for immediate communication and clarification. If neither is possible, an email may be acceptable, but it’s best to follow your employer’s specific guidance.
What Information to Provide
When notifying your employer, be clear and concise. You should explain:
- That you are unwell and need to leave work
- The general nature of your illness (you do not need to give detailed medical information, just enough for your employer to understand why you are leaving)
- How long you expect to be absent, if you know
- Whether you will be able to work from home, if that is an option and you feel well enough
For example, you might say: “I am feeling unwell with a migraine and need to go home. I’m not sure if I’ll be well enough to return tomorrow, but I’ll keep you updated.”
Importance of Following Sickness Reporting Procedures
Every employer should have a sickness absence reporting procedure. Following these procedures is crucial, as failure to do so can affect your pay and, in some cases, could lead to disciplinary action. Procedures often include:
- Who you must notify and by what time
- Whether you need to complete a sickness absence form
- How to keep your employer updated during your absence
You can find more detailed guidance on Sickness Absence Reporting Procedures, which outlines the steps employees should take and the responsibilities of managers to ensure absences are properly recorded and sick pay is applied.
Legal and Practical Considerations
Under UK employment law, specifically the Employment Rights Act 1996, you are entitled to Statutory Sick Pay (SSP) if you meet certain criteria. However, you must follow your employer’s sickness reporting rules to qualify. If your absence lasts more than seven days, you may be required to provide a fit note from your GP. For shorter absences, you might need to complete a self-certification form. For more on when and how to use these forms, see our guide on When and How to Use the Sick Self-Certification Form.
Remember, keeping your employer informed and following the right processes helps protect your rights and ensures a smooth return to work when you’re feeling better. If you’re ever unsure about your workplace’s procedures, check your contract or staff handbook, or ask your HR department for clarification.
Pay and Sick Leave Entitlements When Going Home Sick Early
When you leave work sick partway through the day, your rights to pay and sick leave depend on a few key factors: whether you qualify for Statutory Sick Pay (SSP), if your employer offers an enhanced sick pay scheme, and how your absence is recorded.
Statutory Sick Pay (SSP) for Partial Days
If you go home sick during your shift, you are generally entitled to be paid for the hours you worked up until you left. From the point you leave, any further pay depends on your employer’s policy and your eligibility for SSP.
SSP is a minimum level of sick pay set by law, currently £118.75 per week (as of 2024). However, SSP is only paid for full sick days, not for part days. This means that if you leave partway through the day, you’ll usually receive your normal pay for the time worked, and the sick leave (and potential SSP entitlement) starts from your next scheduled working day. You can read more about the rules and entitlements on the official Statutory Sick Pay (SSP) GOV.UK page.
To qualify for SSP, you must meet certain conditions, such as earning above the Lower Earnings Limit and being off work sick for at least four consecutive days (including non-working days). For a detailed breakdown, see our section on Eligibility for Statutory Sick Pay.
Employer Sick Pay Schemes
Some employers offer their own sick pay schemes, often called ‘occupational’ or ‘company’ sick pay. These schemes may be more generous than SSP and can sometimes cover partial days or offer payment from the first day of absence. Check your employment contract or staff handbook to see if you’re covered by such a scheme. If you are, your employer should clearly explain how pay is calculated when you go home sick partway through a shift. For a broader look at your rights and benefits, visit our overview of Employment Benefits: UK Legal Overview.
How Sick Leave Is Counted
When you leave work sick during the day, only the full days you are absent after that count towards your sick leave for SSP purposes. For example, if you leave at lunchtime on Monday and remain off sick for the rest of the week, Tuesday would be considered your first full sick day. SSP eligibility starts after four consecutive ‘qualifying days’ (usually your scheduled workdays) of sickness.
If you’re unsure how much SSP you might receive, our guide on Calculating Your Statutory Sick Pay can help you work out your entitlement.
Self-Certification for Short Absences
For sickness absences of up to seven calendar days (including weekends), you can usually self-certify your illness. This means you don’t need a doctor’s note; instead, you inform your employer of your sickness and complete a self-certification form when you return. This process applies whether you leave work sick partway through a day or are off for several days. Learn more about Self-Certification for Sickness and what your employer may require.
Understanding your rights to sick pay and leave when going home sick early can help you make informed decisions and ensure you receive the pay you’re entitled to. If you have questions about your specific situation, it’s always a good idea to check your employment contract and speak to your HR department.
Employer Responsibilities When You Go Home Sick During the Day
Employer Responsibilities When You Go Home Sick During the Day
When you leave work partway through the day because you’re unwell, your employer has specific responsibilities to ensure your rights are respected and that workplace policies are followed. Understanding what your employer must do can help you feel more confident about managing sickness absence.
Recording Your Sickness Absence
Employers are legally required to keep accurate records of sickness absences, including instances where you go home sick during the day. This record should note the date and time you left, the reason for your absence (if you’ve provided it), and any relevant communications. Accurate records help ensure you receive the correct sick pay and protect both you and your employer if there are future queries about your attendance.
It’s good practice for employers to confirm with you how your absence will be recorded, for example, whether it counts as a full day or a part day. This can affect your pay and entitlements, so don’t hesitate to ask for clarification if you’re unsure.
Informing You About Sick Pay and Support
When you notify your employer that you need to leave sick, they must inform you about your sick pay rights. In most cases, you may be entitled to Statutory Sick Pay (SSP) if you’re off for more than three consecutive days, but some employers offer enhanced company sick pay schemes. Your employer should make it clear:
- Whether you will be paid for the part day you missed
- If you need to provide any documentation (such as a self-certification or fit note)
- How to report ongoing sickness if you’re not well enough to return the next day
Employers should also let you know about any support available, such as workplace adjustments or employee assistance programmes, to help you recover and return to work safely.
Handling Fit Notes and Doctor’s Notes
If your sickness absence lasts longer than seven calendar days (including non-working days), your employer can ask you for a fit note (sometimes called a doctor’s note). They must handle these documents confidentially and in line with data protection rules. Employers should explain when a fit note is required and how to submit it.
Fit notes can now be issued by a range of healthcare professionals, not just GPs. For more information about when you might need a fit note and what it should include, see our dedicated section on Fit Notes and Doctor’s Notes or refer to the official Fit Notes Guidance from GOV.UK.
Additional Employer Duties
Employers should treat all sickness absences fairly and consistently, following their own absence management policies and the law. This includes making reasonable adjustments for employees with disabilities or long-term health conditions, in line with the Equality Act 2010.
If you have concerns about how your absence is being managed, or if you feel you’re being treated unfairly, it may help to review how employers are expected to handle similar situations. Our guide on Managing Employee Attendance and Capability offers further insight into best practices and your rights.
By understanding your employer’s responsibilities, you can ensure your sickness absence is handled properly and that you receive the support and entitlements you’re owed. If you’re ever unsure about your rights, don’t hesitate to ask your employer for clarification or seek further advice.
What to Do If You Are Unsure About Your Rights or Face Issues
If you’re uncertain about your rights when leaving work sick or encounter problems with your employer, it’s important to know the steps you can take and where to turn for support. Here’s what you should do if you face disputes or need further guidance:
If Your Employer Disputes Your Right to Go Home Sick
If your employer questions or refuses your request to leave work due to illness, start by calmly explaining your situation and referring to your company’s sickness absence policy. In the UK, you have the right to leave work if you are genuinely unwell, and employers must not unreasonably prevent this. If your employer challenges your absence or takes disciplinary action, you should familiarise yourself with the ACAS Code of Practice on Disciplinary and Grievance Procedures. This sets out the minimum standards employers must follow when handling workplace disputes, including those related to sickness and absence.
If the issue isn’t resolved informally, you may raise a formal grievance. Keep records of communications and any medical evidence, such as a doctor’s note if your absence lasts more than seven days.
Getting Advice on Sick Leave and Pay Rights
Understanding your entitlement to sick pay and leave is crucial. Statutory Sick Pay (SSP) is the minimum legal requirement, but some employers offer enhanced benefits. If you’re unsure about your rights or your employer’s obligations, review your employment contract and company policies. For a comprehensive overview of sick leave and pay entitlements, see our guide on Leave Rights in the UK: Legal Overview.
You can also seek confidential advice from Acas, Citizens Advice, or your trade union if you have one.
If You Are Asked to Work While Unwell
You should not be pressured to work if you are too ill to do your job safely or effectively. If your employer asks you to continue working despite feeling unwell, explain your symptoms and the impact on your ability to work. If you feel unsafe or unable to perform your duties, you have the right to prioritise your health. Document any requests from your employer and your responses, in case you need to refer to them later.
Accessing Employee Benefits and Support
Many employers offer additional support for employees who are unwell, including occupational health services, Employee Assistance Programmes (EAPs), or enhanced sick pay. For more information on what support might be available to you, visit our Employee Benefits section.
If your illness is affecting your mental health, remember that you have the same rights to support and time off as you do for physical health issues. Find out more about your rights and available resources in our Mental Health and Work: Your Rights guide.
Requesting Reasonable Adjustments
If your illness is ongoing or affects your ability to do your job, you may be entitled to reasonable adjustments under the Equality Act 2010. This could include changes to your working hours, duties, or work environment. To learn how to make a request and what your employer’s legal obligations are, see our practical guide on How to Ask for Reasonable Adjustments at Work.
If you’re ever unsure about your rights, don’t hesitate to seek advice. Knowing where you stand can help you protect your health and ensure fair treatment at work.
Additional Related Topics to Consider
If you’re considering your rights after leaving work sick partway through the day, there are several related topics that may help you understand your situation fully and plan your next steps. Below, you’ll find further information on areas commonly linked to sick leave, pay entitlements, and your legal protections in the UK.
If you’ve ever wondered what happens if you need to report sick after your employer has already declined your holiday request, it’s important to know your rights and responsibilities in this scenario. For a detailed explanation of how to handle this situation and what your employer can and cannot do, see our guide on Calling in Sick on a Declined Holiday.
Understanding the difference between sick leave and annual leave is crucial, as each is governed by separate rules and entitlements under UK law. For instance, sick leave is protected by statutory rights, while annual leave is typically scheduled in advance and may be subject to approval. To help you distinguish between these two types of leave and make informed decisions about your time off, read our comparison: Sick Leave vs Annual Leave.
If you’re off work due to illness, you may be entitled to Statutory Sick Pay (SSP). However, SSP is only payable for up to 28 weeks, and there are specific rules about how and when it can be extended. For more on how long you can claim SSP, what happens if your illness continues beyond this period, and the process for applying for extensions or other benefits, visit Statutory Sick Pay Duration and Extensions.
Long-term sickness can also affect your holiday pay. UK law allows you to accrue annual leave even while you’re off sick, and you may be able to take paid holiday during your sickness absence or carry it over to the next holiday year. For a full breakdown of your rights and how to claim your entitlement, see Holiday Pay Entitlement During Long-Term Sickness.
Pregnancy can bring additional considerations if you need to take sick leave. There are special protections for pregnant employees, including the right to statutory sick pay and protection from discrimination. If you’re pregnant and unwell, or you need time off for pregnancy-related reasons, make sure you understand your rights by reading Sick Pay Rights During Pregnancy.
For a broader overview of your rights regarding sick leave, pay, and related employment issues, you may also find it helpful to explore our section on Sick Leave and Sick Pay within the wider guide to leave rights in the UK.
Exploring these topics can help you make informed decisions about your employment, ensure you receive the correct entitlements, and empower you to handle any issues that may arise if you need to leave work sick halfway through the day.
