Disclosing reason for sickness

Hello,

I work as an HR manager for a children's activity holiday company (school trips largely). Generally we have a strong line manager system that staff are happy with. We have an employee that has had a reasonable amount of sickness absence but refuses to disclose the reason why, due to confidentiality issues within her last workplace. Given that there is an element of risk in our workplace (she will be responsible for groups of children on activities such as climbing), can we insist on a disclosure of the reason for her absence? We believe it is a physical illness. Has anyone had similar issues or could you point me in the direction of some clear information, I seem to keep going in circles trying to find out information.

Many thanks

Anna

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  • Hi Anna

    This is clearly a difficult situation, but your employee does not need to disclose the reasons for her absence. Having said that there are actions that you can take in managing the absence, such as asking for a GP's report or referring to Occupational Health. Again, the reasons don't need to be disclosed but you could ask specific questions relating to risk issues & the work involved to enable you to make a judgement as to fitness for work. Going down this route would normally be part of your capability process. 

    If you have tried speaking to the employee yourself and offering to maintain confidentiality within HR then you are going to have to consider whether there is a question of capability and alert the employee to your concerns, explaining that you may have to make decisions in the absence of information if need be. 

    Hope that is some help.

    Fiona

    • Hi Fiona, 

      I had a feeling that was the case. Thank you for your response, it is so rare that we have someone refuse to disclose information that we are a bit stumped by it! I think I might need to try approaching her myself if it arises again - she is currently working so fingers crossed..

      Thanks again


      Anna

      • Hi Anna

        I would definitely try speaking to her yourself. You could reassure her that the company will not treat her adversely (it sounds as though she has had a bad experience) & explain that the reason for wanting to know is to consider whether you need to make adjustments for her (whether Disability related or not). 

        Good luck
        Fiona

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