When crew members go off sick during a production, or post-production staff are absent for weeks, it creates real challenges. Productions don’t wait, deadlines are tight, and replacing skilled people at short notice isn’t easy. But managing sickness absence isn’t just about keeping projects on track; it’s also about legal compliance, treating people fairly, and understanding your obligations around sick pay, fit notes (as they’renow called), and potential disability discrimination.
Perhaps most importantly though, investing in good working practices is likely to reduce the number of sick days whether that’s for employees, workers or genuine freelancers. Poor working conditions, excessive hours, workplace stress, inadequate health and safety, and lack of support all increase sickness absence. Productions with realistic schedules, proper rest breaks, safe working environments, supportive management, and clear communication will tend to see lower absence rates. Prevention is better (and cheaper) than managing absence. Creating a workplace where people want to be, and can be, healthy and present makes good business sense as well as being the right thing to do.
But here's what you need to know about managing sickness absence, with a particular focus on fit notes, the medical certificates that employees provide when they’re off sick for more than seven days.
There’s isn’t a specific legal right to take time off sick. But, employees (people working under contracts of employment/PAYE) often do have this written into their contracts. And even if it’s not explicitly stated, it’s generally implied that someone who’s genuinely unfit to work isn’t required to attend.
It won’t surprise you to know that you can’t simply dismiss employees for being off sick. The law on “ordinary” unfair dismissal requires you to act fairly and follow proper procedures. This currently applies to employees with at least two years’ service, to be reduced to six months’ service from January 1st 2027.
Workers (that middle category between employee and the genuinely self-employed) don’t have unfair dismissal protection, though they may still have contractual sick leave rights and are protected from unlawful discrimination.
Service agreements for genuinely self-employed freelancers rarely deal with sickness in the way an employment contract does. After all, such a freelancer doesn’t “take sick leave”, they simply become unavailable. There’s typically no entitlement to sick pay; if they can’t work they don’t get paid. Their agreement usually reflects this by saying that the business is only liable for fees upon receipt of a valid invoice for completed work or hours. Freelance contracts may contain a ‘right of substitution’, which means that a sick freelancer will be able to arrange for another freelancer to deputise for them so that the services can continue to be delivered without interruption.
While there’s no express right to sick leave, there is a statutory right to Statutory Sick Pay (SSP), subject to conditions. Many contracts also provide more generous ‘company or enhanced sick pay’. You’ll see in our article on SSP that for screen industries, this matters because, so many people work on short fixed-term contracts tied to specific productions, workers and employees have different rights and SSP & company sick pay eligibility depends on employment status and contract terms.
Employees need to provide a fit note if they’ve been off sick for more than seven calendar days in a row (including weekends and bank holidays).
For absences of seven days or fewer, employees can “self-certify”, i.e. they just tell you they were sick. You can ask them to complete a self-certification form if you want something in writing, but you cannot demand a fit note for shorter absences.
Who can issue fit notes?
In the past, a sick employee had to wait for a GP appointment. Now, a wider range of healthcare professionals can issue fit notes, which makes getting one much easier. They can be issued by:
Doctors (GPs, hospital doctors), Nurses, Occupational therapists, Pharmacists and Physiotherapists.
The healthcare professional must conduct an assessment, which can be in person, via video call, over the phone, or by reviewing a written report from another professional.
What does a fit note say?
The healthcare professional has two options:
‘Not fit for work’ – The employee should not work at all; or
‘May be fit for work taking account of the following advice’, meaning the employee could potentially return to work if certain adjustments are made, in which case it will include recommendations from tick boxes such as:
a phased return to work, altered hours, amended duties or workplace adaptations.
There’s also room for the healthcare professional to add comments, such as suggesting occupational health involvement or explaining how the condition affects work.
A valid fit note should include:
The healthcare professional’s name, profession, and address of medical practice;
Statement of fitness to work as above (‘not fit’ or ‘may be fit’);
Practitioner’s signature (electronic signatures are fine);
Date the advice applies and how long it’s valid; and
For digital notes, a unique serial number, QR code, or barcode.
Most people are honest but occasionally something might not sit right. Modern technology (including AI) can make pretty accurate replications. So do check the elements listed above.
Red flags might include blurry scans or unprofessional formatting, suspicious dates or overlapping absences, claims to be from a healthcare professional but no surgery name. If you are suspicious, please approach with caution and seek HR or legal advice before taking action. Don’t automatically assume fraud!
If the fit note says ‘not fit for work’, it is straightforward; the employee stays off sick. Keep in regular contact during their absence (see below about maintaining contact). The fit note serves as evidence of incapacity for SSP purposes and often for company/enhanced sick pay too.
If the fit note says ‘may be fit for work’, you need to have a conversation with the employee about whether you can accommodate the suggested adjustments. This is not optional as you really must consider the recommendations.
And if you can make the adjustments, the employee can return to work on the agreed modified basis. Examples in screen industries might include:
A post-production editor returning on reduced hours (e.g., 9am-3pm instead of full days);
A production coordinator working from home rather than on location;
A camera operator doing lighter duties (no heavy lifting) while recovering from a back injury; or
Someone doing office-based work instead of physically demanding location work
Or if you can’t make the adjustments, the fit note defaults to ‘not fit for work’ and the employee stays off sick. It’s important that you record why the adjustments aren’t possible.
HOWEVER, be very careful if the condition might be a disability under the Equality Act 2010. If the recommendations are reasonable adjustments for a disability, you have a legal obligation to make them. Refusing could lead to disability discrimination claims. If an employee’s sickness is related to a disability, there are protected from discrimination from day one of employment. It’s a separate legal protection from the "ordinary" unfair dismissal referred to above.
For example, if a VFX artist with anxiety disorder needs to work from home to manage their condition and you refuse because you prefer everyone in the office, and the role can reasonably be done remotely, this could be disability discrimination.
If the employee is certified ‘not fit for work’, fit note is evidence of incapacity for SSP and usually company/enhanced sick pay.
If certified ‘may be fit’ but you definitely can’t accommodate the suggestions it’s the same as ‘not fit’ – they’re still entitled to sick pay.
If certified ‘may be fit’ and you can accommodate the suggestions but the employee disagrees and refuses to return (perhaps because they still feel too unwell despite the changes) this is where employment law and medical advice can overlap and get complicated to unravel.
Usually an employee can still claim SSP for the duration of that fit note, but the business may have grounds to challenge it. You cannot simply stop SSP because you think the employee should be back.
If you have a reasonable belief that the employee is no longer genuinely incapacitated, having provided the exact adjustments suggested by the healthcare professional and they still refuse without a medical reason, you might argue they are malingering or actually fit for work.
In that case you’d need to provide the employee with a Form SSP1 explaining why you think this and they can then ask HMRC’s Statutory Payments Dispute Team to decide if the withholding of SSP was fair.
You should also check any bespoke enhanced sick pay policy. To withhold payment, you’ll need employee consent if it’s contractual.
Keeping in touch with employees who are off sick is so important, but you need to strike the right balance. Too much contact can feel intrusive; too little can leave employees feeling abandoned or make it harder for both you and them to plan their return to work.
Sensitivity and clear communication are key. So,
Agree the frequency and method of contact upfront (I sit to be weekly phone calls? Fortnightly emails?);
Be genuinely supportive. This isn’t about checking up on them, it’s about seeing how they are and when they might return;
Don’t pressure them to return before they’re ready. Reassure them of your support;
Keep them informed about major developments that affect their role (but don’t overwhelm them with every detail);
Document all contact; and
If someone is off with stress, anxiety, or mental health issues, excessive contact from work can definitely make things worse so do adjust your approach accordingly
Sometimes a fit note doesn’t give you enough information to make decisions about someone’s absence or potential return. You might want to know when they’re likely to return, what adjustments would help or even whether they’ll ever be able to return to their role.
You can request a medical report from their doctor. Most employment contracts include a clause that grants permission for you to do so but if there isn’t one you MUST get the employee’s consent first. This is required under the Access to Medical Reports Act 1988.
OR, you can arrange an occupational health assessment (if you have access to occupational health services) or ask the employee to attend an independent medical examination.
Again, you need the employee’s consent. If they refuse, you can proceed based on the information you have, but you should explain that their refusal makes it harder for you to support them properly or make good informed decisions.
When someone returns from sickness absence, have a return to work conversation. This isn’t disciplinary, it’s supportive. So, you should,
Welcome them back;
Check they’re fit to return;
Ask if they need any support or adjustments;
Update them on what they’ve missed; and
Discuss any concerns about the absence (if that’s appropriate).
Again, document the conversation. If someone returns before their fit note expires (which they’re entitled to do), make sure they’re genuinely ready as you don’t want them putting their health at risk.
As noted above, if someone’s sickness is related to a disability (as defined by the Equality Act 2010), you have additional legal obligations.
A disability is a physical or mental impairment that has a substantial and long-term (12+ months) negative effect on their ability to do normal daily activities. (e.g. chronic conditions such as diabetes, Rheumatoid Arthritis, MS, epilepsy), mental health conditions (depression, anxiety), progressive conditions (HIV, cancer, MS from point of diagnosis), mobility impairments.
You MUST make reasonable adjustments to accommodate the disability.
You MUST NOT treat someone unfavourably because of disability-related absence.
You MUST extended absence periods before considering dismissal. Disciplining or dismissing someone for disability-related absence could be discrimination unless you can show all reasonable adjustments have been made and your action is justified.
Screen industry businesses should monitor sickness absence to identify any emergent patterns. High absence levels can indicate underlying problems such as workplace stress, poor management or health and safety issues.
Create separate data for pregnancy-related absence (which must be disregarded in disciplinary/performance decisions), disability related absence (special considerations apply) and for workplace injury/illness (a business may be liable, so extended tolerance is expected).
Remember that health data is ‘special category data’ under UK GDPR. You need a lawful basis to process it (usually ‘necessary for employment purposes’). Make sure you keep health records confidential and secure.
Of course sometimes, despite your best efforts, someone cannot return to work. Dismissal may be fair if:
You’ve obtained medical evidence showing they won’t be able to return within a reasonable timeframe;
You’ve considered all possible adjustments;
You’ve consulted with the employee; and
The business genuinely can’t wait any longer.
This is complex and potentially high-risk so you should always get employment law advice before dismissing someone for ill-health. Tribunals will closely scrutinise whether you followed a fair process, whether you genuinely couldn’t wait longer and whether dismissal was within the range of reasonable responses. If disability discrimination is in play, the bar is even higher.
Practical tips for productions
Have a clear sickness absence policy that sets out reporting procedures, when fit notes are needed, sick pay entitlement, and what contact employees can expect during absence.
Build flexibility into contracts where possible. Screen work often involves intense periods followed by quieter times – phased returns or adjusted hours might be easier to accommodate than in other industries.
Consider occupational health access. Many screen industry businesses don’t have occupational health services, but they can be invaluable for managing long-term absence.
Train line managers on dealing with absence sensitively, understanding disability obligations, and having supportive return-to-work conversations.
Document everything including dates of absence, fit notes received, conversations, adjustments considered, reasons why adjustments can’t be made. If it ends up at tribunal, your records will be crucial.