I have a client with a very precise sickness and absence policy. In the guide for the managers, it states that managers must ask ” What is the nature of your illness?” when the employee phones in sick. The purpose of this is to record it on an attendance sheet. When the employee returns to work (no matter how long they have been absent), they have to attend a “Return 2 Work “interview at which they complete a self-certificate where they are asked again for the nature of the illness. A lengthy pro-forma is completed asking for more background to the absence.
The policy is robust to say the least.

My concern is – At the first contact, has an employee the right to say ” I’d rather not say” or “it’s personal”?
I fully appreciate that the employer has the right to ask how long the employee is likely to be away from work and if there is any work outstanding but has the employee a right to privacy until a diagnosis is made ?
Obviously, lots of employees will volunteer information and that’s fine. I’m just concerned about this as a grey area.
Any ideas anyone?

Anne Fox