Five Absence Red Flags: What Managers should Spot (but often Miss)
Many absence-related discrimination claims happen because a manager treated everyone identically without asking whether the Equality Act should apply. That’s often because the link between a protected characteristic and someone’s absence wasn’t obvious, or wasn’t understood.
This guide sets out common absence patterns that may involve a protected characteristic and what a manager should do next.
5 Patterns That Deserve a Second Look
1. Unplanned absence around religious festivals
If someone is regularly off sick around Eid, Yom Kippur, Diwali or other key dates, explore whether the absence is related to religious observance. They may have felt unable to book leave formally or been declined time off.
2. Repeat absence with monthly or cyclical patterns
Absence that lines up with hormonal cycles could be linked to menopause, endometriosis or fertility treatment. These conditions may qualify as a disability under the Equality Act. Don’t assume they’ll be obvious; many employees won’t disclose unless asked sensitively.
3. Frequent absences linked to ongoing health issues
Recurring time off for pain management, fatigue or mobility issues may relate to a long-term condition. It could be diabetes, Crohn’s, long COVID or something similar. If the condition has lasted (or is expected to last) a year or more, the Equality Act likely applies.
4. High absence linked to caring responsibilities
Absence triggered by last-minute childcare gaps, elder care, or hospital appointments might reflect the employee’s role as a primary carer. Policies that penalise them disproportionately could lead to indirect sex discrimination claims; especially if most carers in your team are women.
5. Silence that follows a previous disclosure
If an employee disclosed a disability or mental health condition in the past, but now says nothing while taking time off, don’t assume the issue has gone away. Managers should revisit previous adjustments and ask HR whether a review is due.