How do I conduct a return to work meeting?

Return to work meetings are often used when an employee has been off sick for a significant period of time, or has taken several short term absences within a relatively brief period. Employers should consider making return to work meetings a regular stage in their sickness absence procedure. These meetings can help ensure that employees are fit to return to work and help manage overall sickness levels in the business.

Purpose of a return to work meeting

The purpose of a return to work meeting depends on why the employee was off sick and for how long. Common purposes include:

• Confirm the details of absence including the reason for absence;
• Discuss any changes to the workplace and get the employee caught up on what they have missed while they were off;
• Discuss whether there are underlying health issues that need to be investigated further;
• Discuss whether work-related issues may have caused or contributed to the illness;
• Ensure the employee is ready to return and discuss any measures that might be needed to support their return to work.

Where an employee has a disability, the Equality Act 2010 places a duty on employers to consider if there are any reasonable adjustments which could be made to help facilitate the employee’s return to work. However, employers should take care that they do not unilaterally impose adjustments on the employee. Despite being well-intended, adjustments that have been implemented without employee input may make the employee feel patronised or pressured. The return to work meeting is an opportunity for the employer and employee to have an honest discussion about how the employee can be supported in the business, taking account of any relevant medical advice.

Do I need to have one every time an employee comes back to work?

The level of absence which will trigger a return to work meeting is at the employer’s discretion. Some employers may have a policy to have a return to work meeting for every absence, no matter how short or infrequent. One benefit of this approach is that it may discourage employees from taking sick leave unnecessarily. Employees may be reluctant to “pull a sicky” when they know that their sickness absence is being monitored and that they will have to meet with a manager on their return to discuss their absence.

However, if holding a meeting after every absence is not feasible, or if the level of staff absence is not causing you concern, a higher threshold may be appropriate such as:

• A single absence of one week or more; or
• Five days’ sickness absence in any two month period.

Employers will need to balance consistency and flexibility when applying their policy. Where the employer sets a trigger point for return to work meetings, the employee’s manager should still retain discretion not to hold the meeting where it would not be beneficial, such as where the absence was pre-arranged. However, too much flexibility in the policy also carries risk. An individual who feels that they have been targeted or suspected of “faking” sickness may claim they have been discriminated against. When deciding whether to hold a return to work meeting, managers should consider what is fair in the employee’s circumstances, and record the reasons for their decision.

Manner and form of meeting

The following are some practical considerations when conducting return to work meetings:

1. Prepare for the meeting by compiling relevant supporting documents including the employee’s absence record, the sickness absence policy, and occupational health reports.
2. The meeting should take place in a quiet, private room.
3. There is no right to be accompanied by a companion, but you can choose to allow this if you think it would make the employee more comfortable.
4. The employee may need to discuss personal health concerns. Make sure the person conducting the meeting has the necessary skills and experience to handle the meeting with sensitivity and discretion.
5. The employee’s line manager should attend if possible. They will be able bring the employee up to speed on anything they missed and will be responsible for implementing any reasonable adjustments.
6. Notes of the meeting should be kept confidential and in accordance with your data protection policy.
7. The level of formality is up to the employer, but a more relaxed informal setting may help facilitate open communication.

If you have questions about how to manage sick leave in your workforce, or would like your sickness absence policy reviewed, our Employment Law team can help. Contact us by emailing employment@warnergoodman.co.uk or call 023 8071 7717.