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Linda Battye
Member - 5 posts
Does anyone know if it is a legal requirement to carry out back to work interviews after an employee has been off sick? And if it is a requirement do they need to be carried out everytime someone has 1 day off with a migraine for example? Is a form sufficient for this purpose detailing attendance at doctor's, medication issued, symptons etc?

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Anne McAllister
Member - 124 posts
Im not aware of any legal requirement (thats not to say one doesnt exist) but it can be an essential tool in reducing sickness/absence and in ensuring good health in the workforce as it enables you to identify and react to situations which may or may not have been brought to your attention otherwise.
The benefits of managing sickness/absence and return to work are
improved business performance, retention of valued staff,safe and healthy workplaces and better workplace relations.
http://www.hse.gov.uk/sicknessabsence/index.htm
As to frequency of meetings I believe that it is up to the individual organisations .
Meetings give you an opportunity to address any issues arising from the absence and to put in place any adjustments needed.

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Carole Simmons
Member - 52 posts
I agree Anne what you write is exactly how an absence policy can and “should" be run if implemented correctly. However like everything else it can be open to abuse with indiscreet nosey managers, inappropriate info being asked for and the info gained being used incongruously.
It is therefore essential that if policies such as these are adopted, that proper training of managers or staff who are responsible for carrying out the RTWI's takes place and that they are also aware that any absence because of a persons disability is usually discounted from any triggering process. There is sometimes a fine line between what is said in confidence to an OHA and what is expected to be said by an employee to a manager at a RTWI and how that is then managed.

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Anne McAllister
Member - 124 posts
Couldnt agree more Carole. Training of managers is essential.
If DDA absence is exempt from triggering monitoring processes can anyone tell me where cancer investigations and/or treatment comes in relation to absence/sickness monitoring?

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Anne McAllister
Member - 124 posts
Sorry to hear about this.
It seems as though the employer has been a bit harsh here but Im sure your legal advisor will be in a much better position to advise.
See acas regarding redundancy rules...this may hepl clarify some things.
Hope everything gets sorted.
http://www.acas.org.uk/index.aspx?articleid=774

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Noushin Rostami
Member - 1 post
Does anyone know of any test cases about employees'consent for OH assessment as part of Absence management and also any information/experinece regarding employees' rights to be assessed via telephone consultation?

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Lesley Scriven
Member - 1 post
Cancer is covered by the DDA and should therefore be discounted as would other DDA related absence.

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James Fairchild
Member - 256 posts
Noushin, how can anyone (whether an OH advisor, a HR manager, or a line manager) make an assessment of anything over the telephone?

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Carole Simmons
Member - 52 posts
well interestingly James I know of just a situation and it was done as part of an absence management policy. So I too would be very interested to know the legal situation on this one.
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