The next step

Invitation to attend return-to-work interview

[Letter]

Return to work interview

[Form]

Must they disclose the reason for sickness absence?

Many benefits

An employee should be invited to attend a return-to-work interview whenever they’ve been absent from work other than for holiday (see The next step ). This is particularly important when their absence is due to sickness or injury.

The return to work interview allows you to:

• confirm that your employee is well enough to work
• assess whether any reasonable adjustments are needed
• keep other employees safe
• monitor sickness and other absence levels on an individual, departmentalal and workplace basis; and
• identify any suspicious, or problematic, absence patterns.

Reason for absence

When a return-to-work interview is being conducted due to sickness absence , you may ask the employee why they were off sick. You can also enquire if they have recovered. Most employees will give a reason for their sickness absence and say if they have any ongoing issues.

However, in some cases, an employee may refuse to disclose the cause of their sickness absence to you. This might be because they feel embarrassed about the nature of their illness or condition, or they believe that they have a right to privacy.

Where this situation arises, can you insist that the employee tells you what was wrong with them or do they have a right to keep medical matters confidential?

Medical confidentiality

As far as the law is concerned, an employee doesn’t have to disclose any medical information and it can’t be demanded from them either.

But this doesn’t mean that your return-to-work interview becomes meaningless. You still have the right to manage sickness absence.

The employer’s rights

If the employee won’t engage with your return-to-work process, that’s their choice - they just need to understand the potential consequences of their decision, e.g. disciplinary action may be taken if their sickness absence reaches an unacceptable level. Don’t go in heavy-handed here though as that’s not going to foster a good relationship with your employee.

Tip. You can encourage a reluctant employee to engage with your return-to-work interview by making the process as confidential as possible. Interviews should be held in a private meeting room or location where nobody outside can hear what’s being discussed. Also assure the employee that your discussions will remain confidential and all notes kept securely (see The next step ).

Tip. Where possible, a member of the same sex should conduct the return-to-work interview. Alternatively, you could offer this option if the employee appears to be feeling uncomfortable.

For an invitation to attend return-to-work interview and a return to work interview form, visit https://www.tips-and-advice.co.uk , Download Zone, year 25 issue 2.