The Questions Employers Ask Most About Medical Incapacity
Even experienced employers find these situations challenging. The law allows flexibility, but with that comes uncertainty. Here are the five questions K3 HR is asked most often, and what you need to know.
1. How long do we have to wait before acting?
There’s no set timeframe. What’s “reasonable” depends on the employee’s role, prognosis, and how long the business can realistically sustain the absence. Review regularly, document updates, and seek advice before taking final action.
2. What medical information can we ask for?
You’re entitled to know what you need to make a decision- information about capacity, restrictions, and recovery timeframes. You’re not entitled to personal diagnostic details. Always explain why the information is required and get consent first.
3. What if the employee refuses to provide information?
If the employee repeatedly refuses without good reason, and you’ve clearly explained why it’s needed, that refusal can itself make continued employment difficult. Record your efforts, be transparent, and act reasonably.
4. Can we request an independent medical assessment (IMA)?
Yes, but only where there’s genuine uncertainty or conflicting medical advice. It should be collaborative (“help us understand what’s possible”), not adversarial. Consent is essential.
5. What if the illness or injury was caused by work?
Then your obligations under the Health and Safety at Work Act increase. You must consider workplace causes and ensure no disadvantage arises for raising health or safety concerns. In these cases, it’s often best to pause any incapacity process until the root cause is addressed.
Bonus Question: Can we contact the employee while they’re on sick leave?
Yes, provided contact is respectful, spaced appropriately, and focused on wellbeing and planning. Communication is care, not coercion.
Top Takeaways for Employers
- Separate capacity from conduct. Genuine illness is not misconduct.
- Document the journey, not just the outcome.
- Stay human. Process protects you legally, empathy protects your reputation.
