How Long Should Employers Keep Sickness Records?

Aug 11, 2026 | Blog, Employment Rights Act 2025

Just how long should employers keep sickness records? If I had a pound for every time a client said to me:

“We usually delete sickness records after a year or two…”

I’d probably have enough to take my favourite client out to lunch. It’s one of those things many employers simply haven’t thought about. The employee returned to work months ago, everything was resolved, so surely there’s no reason to keep the records anymore?

Actually… there is.

So, how long should sickness records be kept?

Under the latest employment law requirements, UK employers should retain sickness absence records for six years.

That includes much more than simply recording that someone was off work. Good sickness records should show:

  • The dates of absence
  • The reason for the absence (where appropriate)
  • Whether self-certification or a Fit Note was provided
  • Any occupational health advice
  • Return-to-work discussions
  • Reasonable adjustments agreed
  • Any absence review meetings
  • Relevant correspondence

The aim isn’t to collect paperwork for the sake of it. It’s to demonstrate that your business has managed absence fairly, consistently and lawfully.

Why does it matter how long employers keep sickness records?

Let’s imagine an employee brings an Employment Tribunal claim after leaving your business. One of the issues they raise is disability discrimination linked to sickness absence.

If your records are complete, you can show:

  • what information you received
  • what meetings took place
  • what adjustments were considered
  • how decisions were reached

If you have no records…you’re relying on people’s memories. And memories aren’t evidence.

“But we’ve never needed them before…”

I completely understand that view. Many businesses have operated for years without anyone asking to see historical sickness records. The problem is that you only discover the importance of good records when somebody asks for them. By then, it’s far too late. In 2026, we have the Fair Work Agency who can (and may well do) ask to see your historical sickness records.

Good HR is about protecting your business before problems arise—not trying to recreate events months or years later.

What should employers be recording?

I often see businesses recording just two things:

✔️ Employee off sick

✔️ Employee back at work

Unfortunately, that’s rarely enough. Think about everything that happens in between. Was there regular contact? Was a Fit Note provided? Did the employee disclose an underlying medical condition? Were reasonable adjustments discussed? Did you complete a return-to-work meeting?

Those conversations matter just as much as the dates themselves.

Common recordkeeping mistakes

Here are the issues I see most often:

  • Managers keeping their own notes that never reach HR.
  • Fit Notes being thrown away once the employee returns.
  • Return-to-work meetings happening but never being documented.
  • Records stored across emails, spreadsheets and paper files.
  • Different managers recording absence in different ways.
  • No clear process for retaining records for six years.
  • Sickness absence being used as a “catch all” reason instead of parental leave or dependents leave.

None of these are unusual.

They’re simply signs that a business has grown without putting formal systems in place.

A quick health check

Ask yourself these questions.

Could you quickly answer:

  • How many sickness absences has each employee had over the last two years?
  • Which employees have underlying health conditions requiring adjustments?
  • Where are your Fit Notes stored?
  • Are all managers recording absence consistently?
  • Could you produce six years of sickness records if requested?

If you’re not confident, now is a good time to review your systems.

I’ve made it easy

This is exactly why I created the FWA Inspection Ready Toolkit.

Rather than trying to interpret legal guidance yourself, the toolkit explains exactly what records employers should be keeping, highlights the common gaps I see in small businesses and includes practical checklists to help you assess your current arrangements.

No legal waffle. No complicated HR jargon. Just practical advice you can put into place straight away.

If you’d like to find out more, you can view the toolkit here.

Because good HR recordkeeping isn’t about creating more paperwork. It’s about protecting your business when it matters most.

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