Return to Work Interviews

Tis very frustrating!! In the vast majority of companies the information would be used with the best intentions but in some companies and for some people there will be no way of persuading them.

That is why the guidance from NICE to Identify someone who is suitably trained and impartial to undertake initial enquiries with an employee who is experiencing long-term sickness absence or recurring short- or long-term sickness absence is so sensible.
http://www.nice.org.uk/PH19
I also think that "most" employees would feel more comfortable in that situation.

True Carole, the employee can still refuse to give the reason for the absence. On the same topic, I received doctors sick note (before the introduction of the fit note) which stated the reason for the absence as "unwell".

Martin when I said to cover that period with self certification I assumed Baljit would know I meant SSP to start on the 8th day and after.

I am sorry if it seemed I was echoing your thoughts but I did not reload the page before posting yesterday .....hay ho at least we seem to be singing from the same song sheet.

Carole, Self Certification last for up to 8 days, then SSP kicks in, only then can you start to insist on a 'Fit Note'

Gareth - You can establish those things but the employee could still refuse to give you the exact reason for the absence.

Baljit - I assume you require a self certificate for the period day 3 to day 7 when fit for work would kick in. That should have given an opportunity for a reason to be offered.

If you are going to start to single out a different policy to one employee over another after just 5 days absence my advice would be to change your absence policy so that it is robust and fair to all.

I agree with Martin, otherwise he will carry on being 'off sick' when he chooses except when he realises he has exhausted his company sick pay and is on SSP. Sounds like a very awkward person. I would get OH advise or a doctor's medical report but you will still have to get his agreement to asking for one. I wish you luck in this. I would get someone higher up to talk to him too in a sensitive and confidential way explaining why you need to know, along the lines of being able to help him and make any adjustments as necessary, and to point out to him at the same time that his sick record is above the norm and your need to know if it is work related etc etc. Good luck.

Baljit, If you ask your employee to provide a 'Fit to Work' note it should only apply if they are off work for more than 8 days. Be careful that you are not seen to be singling this person out. Whatever your personal thoughts are on their motives for what appears to be with holding information. They appear to be succeeding in goading you sufficiently to make you want to introduce a control measure to address the issue.
This is clearly making you take steps that would be deemed unreasonable behaviour and to treat them any differnet from the rest of your workforce is heading for trouble.
This person is either very clever or very stupid (yet to be confirmed).

If I were you I would review your sickness absence reporting. I believe I read somewhere you cannot force an employee to explain why they are sick or what is wrong with them.

However, I feel there is something more to this issue all round, and would recommend you bring someone else in to review the process objectively.

Seems to me they had a nice extended holiday, suppose your are not supposed to even consider this possibility. No wonder we need changes to employment law, Lets hope the new Government can get to grips with all the people who want somethoing for nothing, fair days pay for a fair days work.

Baljit
I get round this by advising that from a duty of care perspective we need to establish that the individual is not on any medication that could pose any threat to their, or any other persons safety. i.e that they are not going to become drowsy and fall in to a machine, run someone over with a FLT, fall down stairs etc. Also that we need to understand if their illness requires any adjustments to their duty/rehab period on their return to work.
I am unaware of any requirement to pay more company sick pay than the person is entitled to under your sick pay scheme.

Carole - The employee was off sick for 5 working days hence he completed a RTW form - fit for work cert was not required. The RTW form he completed with his manager lacked any information regarding his sickness - he simply stated "Not fit for work". Unfortunately the Company Sick Policy does not specify that the employee has to state the nature of the illness that caused the absence.
I may suggest to him that following each period of absence irrelevant of length he may be required to provide a fit for work note from his GP and we will cover the cost for this.

Is it also right that if an employee provides a fit for work note they are indeed entitled to CSP regardless of the fact they may have exhausted it? We offer 12 days CSP in a 12 month rolling period, if this is exhausted in the 12 month rolling period then it would revert to SSP.

S'pose as a last resort you could have a look at the flat-pack destructions to see if there is anything usefull in them or just talk to them and try to be non-judgmental ?

You could use an occupational professional who would provide an objective and sensitive approach. It does require the employee to agree to allow access to their medical records for them to make an informed assessment, which allows them to inform the employer of the appropriate course of action.
If they do not agree to this then you have a dilema, as you cannot dicharge your duties as a responsible employer and this may constitute constructive dismissal on the employees part.

Baljit - it sounds as though his reason for absence is something of an extremely personal nature. Even though you are his direct line manager he does not feel that he wishes to discuss this with you, perhaps, he is worried that it will go further, although I am sure this would not be the case.

Jayne is correct and he should have confidence in discussing this with someone - it may be an idea if the HR Director discussed with him in confidence.

I am confused. Normally when somebody is away from the workplace they need to send in some form of "evidence" that they are indeed on sick leave to cover their absence. This would have been with a Med 3 but now is the new sick note. Their GP would put on that certificate the reason for their absence.

Baljit are you saying that the GP has simply put "Not fit for work" on this form without elaborating further on the cause? If this is the case and the employee is now returning to work and at the RTW interview refuses to give a reason, it is my understanding that you cannot force them to give a reason.

An employee can refuse to put something on the sicknote which does make it difficult for an employer to manage them on their return, especially if there could be a H & S element involved to their role. An employer has a duty of care but without knowing relevant facts it is difficult for them to carry out that duty.

In these circumstances if the sicknote is coming from a GP then I don't think you can withhold CSP because they are providing you with an appropriate certificate and attending the RTW interview. Unless your company policy says that your employee has to state the nature of the illness that caused the absence then there is nothing you can do about it and I doubt very much your policy will state that. However to continue to manage appropriately you would need to get a report from the GP or send them for an OH assessment so a report of the "relevant" facts can be sent to you.

I understand the frustrations of management when confronted with an employee who simply does not want to tell them what the nature of their ailments are but on the other hand I also see that it is not managements automatic right to know those details especially in some company environments. This is why an OH department can be so invaluable as an intermediary.

Baljit, your company needs to have a robust absence and sickness policy, detailing what is expected frm the employee and the employer to ensure that each party fulfills their legal duties and responsibilities for employment in the workplace.

If you don't have this basic policy then you have a lot of work to do to get this in place.

Baljit - there is a balance between his rights and your rights as an employer. You can appreciate that he will not want to tell everyone but then he should identify one person he will tell in confidence. As you say in order to pay him sick pay then you must be satisfied that he is off sick. You would need to tell him that without an explanation, which is not breaching his human rights, then his absence could not be considered sickness and therefore would have to be unauthorised. This would mean no pay and if he continues to take such days then it could result in disciplinary action.

Baljit,

I would say that your final paragraph is exactly what you should do - not just threaten but actually do it.

Possibly you also need to be sending him for an occupational health assessment.

What is causing him to be off work? Back pain caused by a poor chair? Stress due to bullying? Migraine caused by looking at a VDU? Domestic problems? You simply do not know.

Hi,

I have an employee who is refusing to disclose the nature of his sickness. He has submitted 2 Return To Work forms recently in the space of 2 months that simply state not 'fit for work'. I have tried to discuss this with him and explain the purpose of the RTW forms from an employer's duty of care
perspective. However he has refused to disclose any information regarding each occurrence of sickness and simply stated that it is his human right to not disclose such information and feel pressured and that legally HR/Company cannot reinforce this.

Obviously in the policy we state that in order to receive CSP employees have an obligation to follow the Company Absence Policy which includes completing RTW forms.

Can anyone advise on the best way to deal with this? Am I in breach of any employment law by insisting on him to complete the RTW interviews otherwise we may not pay him his CSP?

Thanks
Baljit