What policy actually applies to prison officer sickness absence
In shortPSI 18/2010 was cancelled in September 2024 and replaced by an intranet-only policy, so the triggers and stages are not public and we will not guess them.
For many years HMPPS used PSI 18/2010, titled Absence Management. The gov.uk Prison Service Instructions index, generated on 10 July 2026, shows it as cancelled in September 2024 and replaced by a Ministry of Justice wide policy called Supporting Attendance, which is available on the intranet only.
The triggers, review points and the stages that lead from a supportive conversation to a formal process and, ultimately, dismissal are not in the public domain. The precise numbers (how many days or episodes count) are not verified for the current HMPPS policy, so check yours.
- Do not confuse attendance with discipline
- HMPPS conduct policy tells managers to separate misconduct from performance or attendance matters, and the Acas Code distinguishes misconduct from poor performance. Absence through genuine illness is not misconduct. Misusing sick leave, for example by working elsewhere while certified unfit, can be treated as a conduct matter instead, so the label matters.
The general shape of a Civil Service attendance process
- During absenceKeeping in touch
A manager keeps in touch with you and absence is recorded.
- At review pointsMeeting
The manager meets you to understand the reason and to talk about adjustments or support.
- Long-term or frequentOccupational Health
Advice is considered.
- If no improvementFormal stage
Where the employer considers it cannot sustain the absence, a formal stage can follow.
What the dismissal statistics do and do not show
In shortAttendance dismissals happen in meaningful numbers (259 Band 3 to 5 officers in the 12 months to 30 June 2026), but the statistics cannot tell you why.
- Band 3 to 5, to 30 Jun 2026259Provisional; down from 363 and 433
- All grades, to 30 Jun 2026452Prison Service establishments
- Band 3 to 5, to 31 Mar 2025433Year before the 363 figure
HMPPS records dismissals for unsatisfactory attendance and medical inefficiency in a single category (medical inefficiency dismissals have been recorded as unsatisfactory attendance since January 2017). These are headcounts of leavers by reason, and the latest period is provisional.
They do not say how many officers were under an attendance process, how many were supported back to work, or why anyone's employment ended. We do not calculate a rate, because the grade grouping in the leavers table differs from the one used in the headcount table, and we do not rank establishments.
| Group | 31 Mar 2023 | 31 Mar 2024 | 31 Mar 2025 | 31 Mar 2026 | 30 Jun 2026 |
|---|---|---|---|---|---|
| Prison Service establishments (all grades) | 604 | 656 | 658 | 604 | 452 |
| Band 3 to 5 / prison officer grades | 413 | 408 | 433 | 363 | 259 |
Source: HMPPS workforce quarterly, June 2026, table 14b (published 20 August 2026). Latest 12 months provisional; HR extracts are not precisely accurate.
Sick pay: statutory sick pay changes and what is not verified
In shortStatutory sick pay rules changed on 6 April 2026, while contractual HMPPS sick pay is separate and its full and half pay split is not published.
- SSP change6 April 2026Lower earnings limit and waiting period removed
- HMPPS contractual sick payUp to 10 monthsRolling four years, modernised terms (2023-24 edition)
- Full and half pay splitNot foundWe do not state it
The Government's Employment Rights Act timeline update confirms that SSP is now payable from the first day of sickness for employees who qualify, rather than after three waiting days and only above the lower earnings limit.
We do not state the weekly SSP rate here because it changes and should be taken from GOV.UK on the day you need it.
Most prison officers are also covered by contractual civil service sick pay terms that go beyond SSP. The package edition predates 2026, so we do not state more. Our guide to prison officer sick pay explains what is known, and the sick pay calculator lets you test scenarios with your own figures.
Two practical points
- Do not assume your pay will stay the same: sick pay is calculated on a basis that may differ from your normal take-home pay, and some payments you receive while working, such as certain allowances or Payment Plus, may not continue in the same way when you are off.
- If you are dealing with a long-term condition, ask HR in writing what your entitlement is and when it changes, rather than learning it from a payslip.
- Check your contract, your HR system and your payslip for your own entitlement.
How an absence process typically runs, and what to ask
In shortThe Supporting Attendance triggers are not public, but you can ask your manager to explain each stage in writing and keep your own records.
The process normally has recognisable stages. What matters is the quality of the conversation.
Ask your manager
- What the trigger point is.
- What improvement is being asked of you, by when, and what support the employer will provide.
- Whether the process has been formally started, because that changes your rights, including the right to be accompanied at some meetings.
- Report absence to the person and by the method set out in local instructions, and keep a record of when you did so.
- Provide fit notes or self-certification as required and keep copies.
- Attend welfare and return-to-work conversations; ask what the process stage is and for notes afterwards.
- If Occupational Health refers you, ask what question the manager has asked and request a copy of the report before it goes to your employer, where you are entitled to see it.
- Ask HR in writing about reasonable adjustments, phased returns or redeployment if your condition makes your current duties difficult.
- If a formal meeting is called, ask for the policy section relied on, the evidence being used, and the right to be accompanied by a union representative or a colleague.
Disability, reasonable adjustments and discrimination arising from sickness
In shortIf your condition is a disability, the Equality Act 2010 requires the employer to consider adjustments and not to treat you unfavourably because of something arising from it without justification.
The Equality Act 2010 gives specific protection to employees whose health condition is a disability, which in broad terms means a physical or mental impairment with a substantial and long-term effect on normal day-to-day activities.
- Section 15: discrimination arising from disability
- An employer discriminates if it treats you unfavourably because of something arising in consequence of your disability, for example absence caused by the condition, unless the treatment is a proportionate means of achieving a legitimate aim, and unless the employer did not know and could not reasonably have been expected to know of the disability.
- Section 20: reasonable adjustments
- Where a provision, criterion or practice puts a disabled person at a substantial disadvantage compared with people who are not disabled, the employer must take reasonable steps to avoid that disadvantage, and the cost must not be passed on to the employee.
- A phased return
- Altered hours
- A different duty
- Equipment
- A modification to the way an attendance trigger is applied
Operational requirements in a prison
Whether an adjustment is reasonable depends on the circumstances, including the operational requirements of a prison. Some roles require safe use of control and restraint, keys, and responding to alarms, and an employer can legitimately decide that a person cannot safely do the full operational role.
The Equality Act does not mean any requested adjustment must be granted, but it does mean the employer should consider the matter properly, with medical evidence, before treating your absence as grounds for a formal sanction or dismissal.
If that has not happened, tell your union rep and consider specialist advice. Discrimination claims need no minimum period of service.
Occupational Health, ill-health retirement and injury benefit
In shortOccupational Health advises and the employer decides; ill-health retirement is a separate pension decision that may be better for you than a capability dismissal.
Occupational Health (OH) is the usual route by which the employer gets medical evidence on fitness for work, likely recovery times and adjustments.
You should be told what is being asked, and you can ask what rights you have to see a report before it goes to your manager; the answer depends on the type of report, so check with HR or your union.
- Ill-health retirement (alpha)
- A pension matter with its own rules. The Scheme Medical Adviser decides whether there is a permanent breakdown in health. Lower tier means you cannot do your own job or a comparable one; upper tier means you also cannot do any gainful employment. Appeals against a refusal must be made within three months of the employer notifying the adviser's report, as explained in our guide to prison officer ill-health retirement. Our free appeal planner works out that deadline and shows which stage an appeal is at.
- Injury benefit
- If your condition results from an injury or illness caused by your duties, the Civil Service Injury Benefit Scheme may apply, explained in injury benefits for prison officers.
- A phased return
- A move to alternative duties
- Consideration of redeployment
- If your condition is permanent and prevents you doing your job, ill-health retirement
Sickness, disciplinary investigations and the overlap
In shortSickness does not necessarily freeze a disciplinary investigation, but health advice can and should shape how it is run.
People under a disciplinary investigation often go off sick. That is understandable: the stress is real. The published HMPPS conduct policy (as re-issued in 2013, the last public text) states that an investigation must not automatically be delayed because a person is on sick leave.
In a Moorland case published in September 2026, Occupational Health advice was taken on whether the officer could attend a hearing, and arrangements were made for support during breaks.
If you are signed off and invited to an interview or hearing
- Do not ignore the invitation.
- Tell the investigator and HR at once, in writing, that you are unwell and provide the fit note.
- Ask whether the meeting can be adjusted or deferred and ask for OH advice.
- Ask your POA rep to speak to the employer.
- Do not assume being signed off is a shield: if you do not attend and do not communicate, the employer may proceed in your absence, or may treat the failure as relevant to the process.
Probation, short service and sickness
In shortIn probation, absence may feature in the decision to confirm you; the Equality Act protections apply whatever your length of service.
If you are in your probationary period the stakes can be higher. The HMPPS probation instruction, PSI 11/2014, exists but is not published, and we cannot state the length of an E&W probationary period or how absence is treated within it.
See our guide to probation dismissal for prison officers and the explanation of the prison officer probation period.
Unfair dismissal rights depend on continuous service. At present you need two years for dismissals up to 31 December 2026, falling to six months where the effective date of termination is on or after 1 January 2027 under SI 2026/559. The Equality Act protections are not dependent on length of service.
| Situation | Protected? | Note |
|---|---|---|
| Dismissal, under 6 months' service, before 1 Jan 2027 | No ordinary unfair dismissal right | Discrimination, whistleblowing and other s.108(3) reasons need no qualifying period |
| Dismissal on or after 1 Jan 2027, 6 months' service | Qualifying period met | Compensation cap removed from that date |
| Dismissal, 2 years' service | Qualifying period met | Employer must show a valid reason and act reasonably |
| Discrimination arising from disability | Any length of service | Section 15 Equality Act 2010; time limit generally 6 months from 1 Oct 2026 |
Always take advice on your own dates; transitional rules apply to dismissals straddling 1 January 2027.
Unfair dismissal for attendance or capability: what a tribunal asks
In shortA tribunal asks whether the employer acted reasonably, not whether you were really too ill; time limits are tight, so speak to your union immediately.
If you have enough service and are dismissed on grounds of attendance or ill health, you may be able to bring an unfair dismissal claim. The employer must show a potentially fair reason, which in these cases is normally capability, and the tribunal then asks whether the employer acted reasonably.
A tribunal does not decide if you were really too ill; it asks if the employer's decision was within the range of reasonable responses.
- A proper investigation
- Consultation with you
- Up-to-date medical evidence
- Consideration of alternatives such as redeployment or adjustments
- A fair hearing and appeal
The Acas Code and time limits
The Acas Code
- Not law itself, but a tribunal can adjust awards by up to 25% where it was unreasonably not followed.
- A revised Code was consulted on between 30 July and 23 September 2026 and no outcome has been announced, so the 2015 Code is still the baseline.
Time limits
- You usually have to claim within 6 months of employment ending for unfair dismissal, after notifying Acas.
- The clock is paused during early conciliation.
Frequently asked questions
What is the prison officer sickness absence policy?
HMPPS used PSI 18/2010 Absence Management, which was cancelled in September 2024 and replaced by a pan-Ministry of Justice policy called Supporting Attendance. It is intranet only, so its triggers are not public. Ask your line manager or HR for the current copy and for the trigger points that apply to you.
Can I be sacked for sickness absence as a prison officer?
Yes, dismissal for unsatisfactory attendance or medical inefficiency is recorded in HMPPS statistics: 259 Band 3 to 5 officers in the 12 months to 30 June 2026. It should only follow a fair process with medical evidence and consideration of adjustments.
If you have the qualifying service you may be able to claim unfair dismissal, and disability discrimination protection needs no minimum service.
Is statutory sick pay payable from day one now?
From 6 April 2026 the Government removed the lower earnings limit and the waiting period for statutory sick pay, according to its Employment Rights Act timeline. Check the current weekly rate on GOV.UK.
Contractual HMPPS sick pay is separate: the Employee Package (2023-24 edition) gives up to 10 months in a rolling four years on modernised terms, so confirm your own entitlement with HR.
Can I be investigated for misconduct while I am off sick?
Yes. HMPPS conduct policy, in the last public text, says an investigation must not automatically be delayed because the person is on sick leave. Occupational Health advice can be sought on whether you can attend a meeting. Tell the investigator about your health in writing and ask your union rep to speak to them.
What is a reasonable adjustment for a prison officer?
It is a step the employer takes to avoid a substantial disadvantage caused by a provision, criterion or practice, such as a phased return, altered hours or a modified duty. Under section 20 of the Equality Act 2010 the cost cannot be passed on to you.
What is reasonable depends on operational needs and medical evidence, so ask HR to consider it in writing.
Is long-term sickness a reason to apply for ill-health retirement?
It can be if your condition is permanent and prevents you doing your job. The Scheme Medical Adviser decides, and the lower and upper tier tests differ.
Raise it early with HR and your union, because it is a separate pension decision from any attendance process. Appeals must be made within three months of the adviser's report being notified.
Should I join the POA before I have a problem?
Yes. The POA legal handbook says there is no initial advice or assistance for proceedings started or under investigation before you joined or re-joined, and the handbook is undated so confirm the current rule with the POA. Joining after an absence process has begun may not give you legal cover for it.
Sources
- assets.publishing.service.gov.ukGOV.UK: PSI/AI numerical index 1997 to 2018 (generated 10 July 2026)
- gov.ukGOV.UK: HM Prison and Probation Service workforce quarterly, June 2026 (published 20 August 2026)
- gov.ukGOV.UK: Plan to Make Work Pay and Employment Rights Act timeline update (25 September 2026)
- legislation.gov.uklegislation.gov.uk: Equality Act 2010, section 15 (discrimination arising from disability)
- legislation.gov.uklegislation.gov.uk: Equality Act 2010, section 20 (duty to make adjustments)
- acas.org.ukAcas: Code of Practice on disciplinary and grievance procedures
- acas.org.ukAcas: consultation on a revised Code of Practice (30 July to 23 September 2026)
- gov.ukGOV.UK: Dismissal: your rights
- legislation.gov.uklegislation.gov.uk: Employment Rights Act 2025 (Commencement No. 4 and Transitional and Saving Provisions) Regulations 2026, SI 2026/559
- legislation.gov.uklegislation.gov.uk: Employment Rights Act 1996, section 108 (qualifying period)
- questions-statements.parliament.ukUK Parliament written questions 16007-16009 (answered 9 July 2026): HMPPS grievance and conduct policies, IRRIS interim grievance process