Signed Off Work With Stress? Your Rights and Next Steps

Being signed off work with stress is more common than most people realise, and it does not mean you have done anything wrong. You have clear rights while you are off, and if your stress was caused by how you were treated at work, you may also have a legal claim.

Getting signed off: fit notes and self-certification

For the first seven calendar days you can self-certify, which means you tell your employer you are unwell without needing a doctor's note. If you are off for more than seven days you will need a fit note, sometimes still called a sick note, from a GP or other healthcare professional. A fit note can say you are not fit for work, or that you may be fit for work with some adjustments, such as reduced hours or a phased return.

Your right to sick pay

If you qualify, you are entitled to Statutory Sick Pay. The rules changed on 6 April 2026 and are now more generous:

• SSP is now paid from the first day of sickness. The old rule that the first three days were unpaid has been removed.

• The lower earnings limit has been abolished, so many part-time and lower-paid employees who were previously excluded now qualify.

• SSP is paid at the lower of the weekly statutory rate, which is £123.25 from April 2026, or 80 per cent of your normal weekly earnings.

Many employers offer contractual sick pay that is more generous than SSP. Check your contract or staff handbook to see what you are entitled to.

Can you be sacked for being off with stress

Not simply for being unwell. An employer can in some circumstances dismiss someone on the ground of long-term ill health, but only after following a fair process, which usually includes obtaining medical evidence, consulting you, and considering whether anything can be done to support your return. Dismissing you without that process can be unfair. If your stress amounts to a disability, dismissing you because of it can also be discrimination.

When workplace stress becomes a legal issue

Stress on its own is not a claim. What matters is the cause. You may have legal protection where the stress was brought on by something your employer did or failed to do. Common examples include:

• Bullying, harassment or being singled out for unfair treatment.

• An unmanageable workload that the employer ignored after you raised it.

• A failure to make reasonable adjustments where your stress, anxiety or depression amounts to a disability.

• Being penalised for raising a genuine complaint or a health and safety concern.

Employers have a duty of care to protect the health, including the mental health, of their staff. A long-term mental health condition that has a substantial effect on your day-to-day life can be a disability under the Equality Act 2010, which brings extra protection, including the right to reasonable adjustments.

What to do while you are signed off

• Keep your employer informed and follow their absence reporting procedure.

• Keep copies of fit notes, emails and any record of what caused the stress.

• If the cause is something at work, consider raising a formal grievance so there is a clear written record.

• Engage with reasonable requests, such as a referral to occupational health, which can help plan your return.

• Be careful before agreeing to anything significant, such as a settlement agreement, until you understand your rights.

Frequently asked questions

How long can I be signed off with stress?

There is no fixed limit. Your doctor decides how long to sign you off and can extend a fit note if needed. Sick pay entitlement continues according to the rules above and your contract.

Do I have to tell my employer why I am off?

A fit note will usually give a general reason, such as stress or anxiety. You are not required to share every detail of your medical history, but giving your employer enough information helps them support you and consider any adjustments.

Can my employer contact me while I am off sick?

Reasonable contact is allowed and often sensible, for example to check how you are and to plan a return. Persistent or pressuring contact may amount to harassment, so keep a record if it feels excessive.

Is stress a disability?

Short-term stress usually is not. A mental health condition such as depression or anxiety can be a disability under the Equality Act 2010 if it is long-term and has a substantial effect on your normal daily activities.

Can I claim if my employer caused my stress?

Possibly. Depending on the facts you might have a claim for disability discrimination, constructive dismissal, or for a failure in the employer's duty of care. The right route depends on exactly what happened, so it is worth getting advice early.

Speak to an employment law specialist

If your time off is linked to how you have been treated at work, book a 30-Minute Advice Session — £99 and we will help you understand your options, or request a free case review.

Related guides: workplace discrimination and Vento awards, how to raise a grievance and the ACAS Code, and the complete guide to your rights.