Return to Work Interview: Employers’ Guide

return to work interview

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Conducting a return to work interview is an essential part of an organisation’s absence management programme. Having a focused discussion with a returning employee is shown to help reduce unnecessary sickness absence and helps the returning employee transition back into the workplace environment with greater ease and with the necessary support from their employer.

Return to work interviews also offer managers and HR personnel the opportunity to collate important information about the nature, length and frequency of staff absences.

In this guide, we look at best practice guidance for HR professionals and line managers preparing to conduct a return to work interview. The circumstances and issues will vary by case, for example, whether the employee is returning after maternity leave or a period of long term sickness absence. As such, it is important to prepare well and be clear on the purpose of the interview, the information you are looking to gather and what you as an employer need to do to provide the necessary support to ease the employee’s return to work.

 

What is a return to work interview?

 

A return to work interview is a discussion between an employer and an employee after the employee has been absent from work due to illness, injury, or another reason. It is typically an informal conversation aimed at welcoming the employee back, understanding the reason for their absence, and identifying any support or adjustments needed for a smooth transition back to work.

Return to work interviews help employers monitor attendance, ensure employees are fit to resume their duties, and address any underlying issues that may have contributed to the absence. They also provide an opportunity to discuss workplace adjustments, such as phased returns or modified duties, particularly if the absence was related to a health condition or disability.

While not a legal requirement, many UK employers use return to work interviews as part of their absence management policy to promote employee well-being, maintain productivity, and prevent unnecessary absences. Keeping a record of these interviews can help organisations track patterns of sickness absence and ensure a fair and consistent approach to managing time off work.

 

 

Why conduct return to work interviews?

 

Return to work interviews are highly effective tools for managing employee absence when conducted properly. These discussions provide valuable benefits for both the employer and the employee, helping to ensure a smooth and productive return to the workplace.

For employees, a return to work interview offers reassurance that their contributions are valued and their presence is appreciated. It provides an opportunity to discuss any concerns or anxieties about returning, helping to ease the transition back into work. Employees can also request reasonable adjustments to their working conditions if a disability or long-term health condition contributed to their absence. Where relevant, the interview allows them to be updated on key developments that took place during their time away.

For employers, return to work interviews help reduce unnecessary absences, as employees understand that any time off will need to be explained in person. A well-handled discussion also improves employee morale and productivity by ensuring they feel supported upon their return. Additionally, these interviews allow employers to fulfil their duty of care by identifying any adjustments needed for health-related issues. They also provide valuable insights into patterns of sickness absence, enabling businesses to take steps to improve attendance. Monitoring the frequency and duration of absences ensures that appropriate actions, such as verbal or written warnings, can be taken where necessary.

Although these meetings are not formal interviews, standardising the process ensures fairness and consistency across the workforce. A clear policy outlining the procedure, along with training for managers, helps employers conduct these interviews effectively.

Return to work interviews aim to minimise productivity loss due to sickness absence while fostering an open and supportive environment. When structuring these discussions, employers should focus on welcoming the employee back, recording the reason for their absence, and assessing whether further absences may occur. Employees should also have the opportunity to raise any workplace issues that may have contributed to their time off, such as workplace bullying or physical strain from manual work. If necessary, managers should remind employees that persistent absences could lead to disciplinary action, but this should only apply in cases of frequent, unjustified absences.

 

When to conduct a return to work interview

 

There is no legal requirement to hold a return to work interview, and as such, no official rules dictate when they should take place. Employers may choose to conduct an interview after various types of absence, whether following a long-term illness, a year of maternity leave, or even a single day off due to minor illness.

While return to work interviews can be carried out after any period of absence, they are generally unnecessary for short-term absences of only a few days. However, if an employee has had multiple short absences within a short timeframe, it may be beneficial to hold an interview to identify any underlying concerns and provide support where needed.

To ensure consistency, it is advisable to establish a clear company policy on when return to work interviews should take place. For example, you may decide that an interview is required after any sickness absence lasting more than three consecutive days or after a set number of short absences within a given period.

Whatever approach is taken, it should be clearly outlined in the employee handbook or any onboarding materials provided to new staff. Additionally, creating a structured checklist for line managers and senior personnel will help ensure return to work interviews are conducted effectively and consistently across the organisation.

Return to work interviews & absence management

 

Return to work interviews play an important role in absence management, helping employers maintain a healthy and productive workforce. These discussions provide an opportunity to understand the reasons behind an employee’s absence while reinforcing the organisation’s commitment to attendance and well-being. When handled effectively, return to work interviews contribute to reducing unnecessary absences, improving employee engagement, and ensuring compliance with workplace policies.

Managing absence effectively requires a balance between supporting employees and maintaining business continuity. A structured return to work interview allows managers to check whether an employee is fit to resume their duties and whether any support or adjustments are needed. Employees who feel valued and listened to are more likely to return to work with a positive attitude, reducing the risk of further absences. Addressing any concerns early also helps to prevent minor issues from escalating into long-term problems.

From an organisational perspective, return to work interviews provide valuable insights into patterns of absence. Regular monitoring ensures that genuine health-related absences are managed appropriately, while also identifying trends that may indicate other issues, such as workplace stress or low morale. Employers who consistently conduct these interviews are better placed to identify and address any underlying causes of absenteeism, ensuring a supportive and efficient working environment.

 

Return to work interviews & unlawful discrimination risks

 

Return to work interviews play an important role in ensuring that absence management policies are applied fairly and lawfully. When conducted properly, they help employers avoid unlawful discrimination, particularly in cases involving maternity, disability, or other protected characteristics under the Equality Act 2010. A structured and considerate approach helps businesses support employees while remaining compliant with legal requirements.

One of the key risks employers face is treating employees unfairly based on the reason for their absence. Maternity-related absences must be handled with sensitivity, ensuring that employees are not subject to unfair treatment or disadvantage due to pregnancy or maternity leave. Return to work discussions provide an opportunity to check whether the employee requires any additional support, while also reinforcing that their job remains secure. Any assumptions about an employee’s future performance or commitment due to their parental responsibilities should be avoided.

Disability-related absences require particular attention to ensure that reasonable adjustments are considered. Employers have a legal duty to support employees with disabilities by making necessary changes to their working environment or duties. A return to work interview allows for an open discussion about whether adjustments are required, such as flexible working arrangements, changes to workload, or additional support. It also ensures that employees are not penalised for absences linked to their condition, as treating disability-related absences in the same way as general sickness could lead to discrimination claims.

A fair and consistent return to work process helps reduce the risk of unconscious bias and ensures that employees feel supported rather than scrutinised. Employers should ensure that records of these interviews are kept and that decisions regarding workplace adjustments or absence monitoring are based on individual needs rather than a one-size-fits-all approach. By handling return to work interviews with care, employers can create an inclusive work environment while protecting themselves from potential legal challenges.

 

Return to work interviews & disciplinaries

 

Return to work interviews and disciplinary procedures serve different purposes, but it is important for employers to understand where they may overlap and how to handle each process appropriately. A return to work interview is intended to welcome an employee back after an absence, ensure they are fit to resume their duties, and identify any support they may need. It is not a disciplinary meeting, and it should not be presented as such.

However, where absence levels are concerning or patterns suggest a potential issue, a return to work interview can be an opportunity to discuss attendance records and highlight any policies that may apply. If an employee has taken frequent or unexplained absences, an employer may need to raise concerns about the impact on the business. Employers must ensure these discussions remain professional and supportive, rather than accusatory. Any reference to a disciplinary process should only be made if absence triggers set out in the company’s sickness absence policy have been met.

If a return to work interview highlights that an employee has breached company policies, such as failing to follow absence reporting procedures or exaggerating illness, further investigation may be required. In such cases, the matter should be addressed separately through the organisation’s disciplinary procedures. Employers should follow fair processes, ensuring that any concerns raised are based on evidence rather than assumptions.

Clear communication is essential in distinguishing between a return to work discussion and a formal disciplinary meeting. Employers should reassure employees that the purpose of a return to work interview is to support their return, not to penalise them for being unwell. If attendance levels are becoming a concern, a separate conversation may be needed to explore formal actions, but this should follow the correct disciplinary framework rather than being introduced unexpectedly during a return to work discussion.

 

Preparing for the return to work interview

 

Organisations such as Acas (Advisory, Conciliation and Arbitration Service) provide useful guidance on managing employee returns to work. A well-structured return to work interview should follow a supportive and practical approach, ensuring that employees feel welcomed back while addressing any workplace adjustments that may be needed.

Welcome

The overall tone of the interview should be positive and supportive. The manager should start by welcoming the employee back and discussing the reason for their absence, allowing sufficient time for them to explain. It is important to check that they are genuinely fit to return to work rather than feeling pressured to do so prematurely.

Update

The manager should provide updates on any key workplace developments that occurred during the absence. Keeping the employee informed fosters inclusion and ensures a smooth transition back into their role.

Identify Adjustments

If the employee has a Fit Note from their GP, this should be reviewed to discuss any recommended adjustments. If they have been deemed “fit for some work,” it is important to clarify which tasks they can or cannot perform and agree on reasonable accommodations where necessary.

Make a Plan

Where adjustments are needed, the manager and employee should agree on a transition plan. This could include temporary changes, such as shorter shifts or modified duties, to support the employee’s return.

Record Absence

The manager should accurately record the employee’s absence in their attendance records while the employee is present. Confirming the dates at this stage prevents disputes later, particularly if attendance concerns arise. If absenteeism has been a recurring issue, the employee should be reminded of the importance of regular attendance and any potential consequences of continued absences.

Open for Questions

To conclude the interview, the manager should give the employee the opportunity to ask questions or raise concerns. This ensures that they feel supported in their return and that any remaining issues are addressed.

 

Questions to ask at a return to work interview

 

A return to work interview may be less formal than a standard meeting and can often take the form of a casual conversation. However, it remains an important step in managing absence effectively and ensuring that employees feel supported upon their return. While the discussion does not need to be rigid, covering certain key areas helps to ensure consistency and fairness across the organisation.

As a guide, the following questions and points provide a helpful framework for a return to work interview:

 

  • Welcome the individual back and acknowledge their return. They may feel anxious, especially if they have been off work for an extended period. Creating a relaxed atmosphere encourages an open and meaningful discussion.
  • Explain the purpose of the interview, making it clear that the organisation monitors all absences and that this is an informal discussion rather than part of a disciplinary process. Let them know that the information provided will be recorded for reference.
  • Reassure the employee that this meeting is not a disciplinary hearing and is focused on supporting their return.
  • Ask how they are feeling now and whether they have sought professional medical advice. Avoid being too intrusive—let them share as much as they feel comfortable with.
  • Check whether the absence was related to a disability or maternity leave, as these should be recorded separately from other sickness absences in line with employment law.
  • Ask if they require any additional support or adjustments to help with their return (‘reasonable adjustments’).
  • Discuss their absence record and confirm that they agree with the dates recorded.
  • Inform them if their absence has triggered any markers in the company’s sickness absence policy and explain any potential implications in a fair and transparent manner.
  • Give them the opportunity to ask any questions or raise concerns.

 

While return to work interviews should help to discourage unnecessary sick days, employers should be careful not to use these interviews as a way to instil fear among their staff. Employees should feel comfortable taking sick days as and when it is genuinely necessary – it is their statutory right. Working while ill may see high attendance rates but risks overall impacting overall productivity (‘presenteeism’). This requires a careful balance to be achieved, and through the return to work interview employers can gain an understanding into how employees can be supported to perform at their best.

 

Need assistance?

 

Our experienced employment law specialists have expertise in all areas of workforce management such as managing sickness absence and employees’ return to work. The return to work interview should form part of the organisation’s absence management programme, and be used by the employer to gain a full understanding of the employee’s reason for absence and any ongoing issues that may require specific support to enable the employee to resume their role effectively.

As each case will be different, it may be advisable to take advice on a specific matter, particularly where there are potentially related issues, such as concerns about feigned illness or fake sick notes.

If you have a question or need advice on any aspect of employees returning to work after an extended absence, contact us.

 

Return to work interview FAQs

 

Are return to work interviews a legal requirement?

No, there is no legal obligation for employers to conduct return to work interviews. However, many organisations use them as an effective absence management tool to support employees and monitor attendance.

 

When should a return to work interview take place?

A return to work interview should be held as soon as possible after an employee returns from absence. While they are not always necessary for short absences, they are particularly useful after repeated short-term absences or a period of long-term sickness leave.

 

Is a return to work interview a disciplinary meeting?

No, a return to work interview is not a disciplinary meeting. It is an informal discussion aimed at welcoming the employee back, understanding the reason for their absence, and ensuring they feel supported in returning to work.

 

What should be discussed during a return to work interview?

The discussion should include a review of the employee’s absence, whether they need any additional support, any reasonable adjustments that may be required, and an update on workplace developments during their time away.

 

Can an employer take action if an employee has frequent absences?

If an employee has a pattern of repeated absences, the employer may refer to their sickness absence policy. This could involve further discussions, additional support, or, in some cases, formal action if absence levels are excessive and unjustified.

 

Should return to work interviews be documented?

Yes, keeping a record of return to work interviews helps employers track attendance patterns and ensures consistency in how absences are managed across the organisation.

 

What if an employee is not ready to return to work?

If an employee is not fully fit to return, the employer should discuss possible adjustments, such as phased returns or temporary changes to duties. In some cases, further medical advice may be required before they resume work.

 

Glossary

 

Term Definition
Absence Management The process of monitoring, addressing, and reducing employee absences to maintain productivity and support employee well-being.
Fit Note A medical statement issued by a doctor that advises whether an employee is fit for work or requires adjustments to their duties.
Reasonable Adjustments Changes to a job or workplace to support employees with disabilities or health conditions, ensuring they can continue working effectively.
Return to Work Interview A discussion between an employee and their employer after a period of absence to support their return and assess any ongoing needs.
Sickness Absence Policy A company policy outlining procedures for reporting sickness, taking time off, and managing employee absence.
Phased Return to Work A structured approach that allows employees to gradually return to their full working hours or duties following a period of illness.
Occupational Health Assessment A medical assessment conducted by a workplace health professional to evaluate an employee’s fitness to work and any necessary adjustments.
Long-Term Sickness Absence A period of sickness leave that lasts for four weeks or more, often requiring additional support and planning for the employee’s return.
Short-Term Absence A period of sickness leave that is typically less than four weeks, often caused by minor illnesses or injuries.
Employee Well-being An employer’s responsibility to support the physical and mental health of their workforce, including during and after sickness absence.
Disability Discrimination Unfair treatment of an employee due to a disability, which employers must avoid by making reasonable adjustments where necessary.
HR Records Documentation maintained by an employer to track employee attendance, absence reasons, and any related discussions or actions taken.

 

Author

Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.

She is a recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.

Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals

About DavidsonMorris

As employer solutions lawyers, DavidsonMorris offers a complete and cost-effective capability to meet employers’ needs across UK immigration and employment law, HR and global mobility.

Led by Anne Morris, one of the UK’s preeminent immigration lawyers, and with rankings in The Legal 500 and Chambers & Partners, we’re a multi-disciplinary team helping organisations to meet their people objectives, while reducing legal risk and nurturing workforce relations.

Read more about DavidsonMorris here

 

Legal Disclaimer

The matters contained in this article are intended to be for general information purposes only. This article does not constitute legal advice, nor is it a complete or authoritative statement of the law, and should not be treated as such. Whilst every effort is made to ensure that the information is correct at the time of writing, no warranty, express or implied, is given as to its accuracy and no liability is accepted for any error or omission. Before acting on any of the information contained herein, expert legal advice should be sought.

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