Most UK employers will have policies in place about attendance at work while under the influence of alcohol including hangovers
Most UK employers will have policies in place about attendance at work while under the influence of alcohol including hangovers
It’s not uncommon for the thought of work to fill you with dread when you’ve had a bit too much to drink the night before. This sentiment might be felt by many Liverpool fans tomorrow morning.
The Reds will be mathematically confirmed as Premier League champions if Arsenal lose to Crystal Palace tonight. If that happens, celebrations across the city are very likely, from inside living rooms to bars and pubs in town and outside Anfield itself.
Similar celebrations were seen when Liverpool last won the Premier League title in 2020. Some fans opted to stay inside though given it was during covid and uncertainty remained around how the virus spread outdoors, meaning the jubilation this time around could be even bigger. However, if you’re thinking of going a bit hard tonight for the football, you should be aware of the laws around sick leave in the UK before doing so.
Is it illegal to call in sick if you are hungover?
Most UK employers will have policies in place about attendance at work while under the influence of alcohol including hangovers. However, there is nothing specific in UK law allowing time off if you are hungover. Employees can take time off work if they’re ill, as stated on the official UK government website.
Is it illegal to work if you are hungover?
As previously stated, most employers in the UK will have policies in place regarding work while under the influence of alcohol including while hungover. In some roles – such as those involving driving or the operation of heavy machinery – attending work hungover will likely amount to gross misconduct given the significant health and safety risks.
Even where safety is less of an immediate concern, employees who are regularly under performing at work due to excessive alcohol consumption are liable to be subject to misconduct, or even capability proceedings with different levels of tolerance depending on the employer and the role being undertaken by the employee.
However, that doesn’t mean that your employer will be happy with you if you are off work after a heavy night, especially if it’s obvious what you’ve been up to. Depending on company policy and/or relationship with your bosses, they could also regard it as a disciplinary matter.
When do I need to provide a sick note?
You are only required to give your employer proof of illness if you’re ill for more than seven days and have taken sick leave. If you’re ill just before or during their holiday, you can take it as sick leave instead.
The law is far stricter if you are taking sick leave for more than seven days. Employees must give their employer a ‘fit note’ (sometimes called a ‘sick note’) in this case.
This includes non-working days, such as weekends and bank holidays. The fit note will say the employee is either ‘not fit for work’ or ‘may be fit for work’.
If it says the employee ‘may be fit for work’, employers should discuss any changes that might help the employee return to work (for example, different hours or tasks). The employee must be treated as ‘not fit for work’ if there’s no agreement on these changes.
Employees can get a fit note from the following healthcare professionals:
- GP or hospital doctor
- registered nurse
- occupational therapist
- pharmacist
- physiotherapist
The healthcare professional needs to assess the employee’s fitness for work before giving a fit note. If their employer agrees, the employee can use a similar document called an Allied Health Professional (AHP) Health and Work Report instead. A full list of occupations can be found here.
What are the rules around sick pay and holiday?
Statutory holiday entitlement is built up (accrued) while an employee is off work sick (no matter how long they’re off). Any statutory holiday entitlement that is not used because of illness can be carried over into the next leave year. If an employee is ill just before or during their holiday, they can take it as sick leave instead.
An employee can ask to take their paid holiday for the time they’re off work sick. They might do this if they do not qualify for sick pay, for example. Any rules relating to sick leave will still apply. Employers cannot force employees to take annual leave when they’re eligible for sick leave.
When an employee changes their holiday to sick leave, they’re paid Statutory Sick Pay (SSP) which will count towards the amount of holiday pay they’ve received. The exceptions to this rule are if they do not qualify for SSP or they were off work sick and being paid ‘occupational sick pay’.
SSP kicks in after an employee has been off sick for four consecutive days. The current rate is £118.75 per week. Due to changes which came into force earlier this month, approximately 1.3m low-earning individuals on low wages will eventually also receive either 80% of their average weekly earnings or this new rate when sick, depending on which is the lower amount.
