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Privacy vs practicality | Are you entitled to know the reason for an employee’s sickness absence?
Written on 14 July 2025
When an employee calls in sick, it’s natural for employers to want to understand the situation. However, questions around privacy and what information you’re legally entitled to can make this a sensitive area.
So, can you ask what’s wrong? The short answer is yes – to a point. Employers are entitled to request basic information about an employee’s illness when they are too unwell to work, but your approach matters. Here’s what you need to know.
First 7 days: Self-certification
For sickness absences of seven calendar days or fewer, employees are not legally required to provide a doctor’s note. Instead, they can self-certify.
Self-certification is the process by which an employee confirms their own illness without the need for medical evidence. They typically do this by completing a form or providing written confirmation (often on return to work) stating the dates they were absent and a brief reason for their illness.
As part of this process, it’s reasonable for you to ask for the general nature of the illness – for example, “migraine”, “flu”, or “stomach bug”. This can help with internal record-keeping and absence monitoring.
However, you shouldn’t insist on detailed medical information or a diagnosis. Some employees may feel uncomfortable disclosing specific health details – mental health being a good example – and there are also data protection considerations. Health information is sensitive and must treated accordingly.
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After 7 days: Fit notes
When an employee is absent for more than seven calendar days, you can require them to provide medical evidence – usually in the form of a fit note from their GP.
A fit note (also known as a Statement of Fitness for Work) will confirm whether the employee is “not fit for work” or “may be fit for work” with adjustments. It will usually state a general reason for the absence – for example, “stress”, “back pain”, or “respiratory infection” – but won’t typically include a detailed diagnosis.
Employers aren’t entitled to more in-depth medical information than what’s included in the fit note. However, if it’s necessary in order to consider or implement reasonable adjustments to support the employee’s return, it may be appropriate to request further clarification or medical evidence – with the employee’s consent.
This is particularly important if the employee’s condition could amount to a disability under the Equality Act 2010, as employers have a legal duty to make reasonable adjustments to remove or reduce any disadvantage.
Respecting privacy and staying compliant
While it’s reasonable to ask for basic information about an employee’s illness to manage absence and plan work, it’s important to respect their privacy and avoid pressing for detailed medical specifics. Asking for more information than necessary can damage trust, lead to disputes, and risk breaching data protection laws.
Remember, any health-related information is classified as special category data under UK GDPR and must be collected, stored, and used lawfully, fairly, and securely. Always balance your operational needs with the employee’s right to privacy to maintain compliance and a respectful workplace.
In summary
- You are entitled to ask for the basic nature of an illness when an employee is off sick.
- For absences of seven days or fewer, employees can self-certify; a GP note is not required.
- You can require a fit note for absences longer than seven days.
- A fit note confirms whether an employee is fit to work and may include suggestions for adjustments.
- Fit notes typically state the general reason for absence but not a detailed diagnosis.
- You are not entitled to specific medical information beyond what’s provided in the fit note.
- However, if further information is necessary to consider or implement reasonable adjustments, you may ask for clarification with the employee’s consent.
- Handle all health-related information sensitively and in accordance with data protection laws.
Taking a sensitive and legally compliant approach to sickness absence can help protect employee wellbeing, support successful returns to work, and ensure your business meets its legal obligations.
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