SICKNESS ABSENCE - 04.05.2017

You’re not doing my return to work interview!

Important questions

There are two main reasons why return to work interviews should be part of your sickness absence management procedure. Firstly, they are a proven way of reducing fraudulent sickness absence; employees will probably be dissuaded from throwing a sickie if they will have to go through this process on their return. Secondly, they enable you to fulfil your legal duties and obligations towards health and safety, e.g. is the employee fit to work or do you need to make any adjustments?

The process

Where a return to work interview is required, it should be arranged immediately on the employee’s return and, ideally, before they start work. The discussion should be held in a private place - not openly at the employee’s workstation or other public place - and be conducted by the employee’s line manager. Sometimes this person may not be available. In this situation an alternative person of equivalent or higher seniority should carry out the return to work interview in the usual way.

Voicing objections

But let’s suppose that the employee raises an objection to the person who is going to conduct the interview. Are they allowed to do this or can you automatically deem their objection unacceptable? After all, it’s up to you how you conduct your sickness absence management procedures. Whilst you might think that the employee is being difficult, you must establish their reasons.

What’s behind it?

In the first instance, the person who’s meant to be conducting the return to work interview should try to identify the reasons for the objection.

Tip Don’t ask any questions beginning with “why”, such as “ why won’t you speak to me?” , “why are you refusing to engage in this process?” , as they put the employee on the defensive. Instead ask “Can you share with me what’s worrying you?”. Then wait for the employee to speak. This may take a few moments.

Reasonable concern

The employee may say something reasonable like they are embarrassed, want to speak to someone of the same sex or are worried about confidentiality. If so, put their mind at rest and consider offering an alternative person if that’s possible. Where the employee refuses to engage with anyone or their objection has unreasonable grounds, e.g. they don’t agree with return to work interviews, their objection is unacceptable.

Tip. In this situation, advise the employee that they are obliged to co-operate and you have a duty to protect their and others’ health and safety. If this doesn’t get them to open up, advise that a refusal will be treated as a disciplinary matter. Few employees will refuse to engage with you after this warning. You can use our return to work interview form to record the discussions (see The next step ).

For a free return to work interview form, visit http://tipsandadvice-personnel.co.uk/download (PS 19.10.05).