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Baron  
#1 Posted : 15 June 2015 10:12:34(UTC)
Rank: Forum user
Baron

I have a member of staff who, after being absent for work due to ill health for the past 3 months is now able to return to work. The company has been in contact with the individual throughout the absence and the individual was referred to an occupational health specialist, who advised a phased return to work over a six week period would help the individual ease back into the role. My question is, (1) is anyone able to direct me to any legislation that details expected practise for a phased return, (2) Do you agree (or not) that the MHASAWR apply is terms of assessing risk, as clearly there has been a significant change to the individual's role, that previously involved manual handling and operational tasks, however now that will be no longer possible in the short-term, if not longer term...? (3) The equality act - can reasonable adjustments in practice apply to short-term medical cases?

Appreciate its a big question for a Monday!
Ron Hunter  
#2 Posted : 15 June 2015 15:57:34(UTC)
Rank: Super forum user
Ron Hunter

Baron, there's a possible inconsistency between the OH recommendation to "ease back into the role" and "that will no longer be possible in the short/longer term."

Sometimes the 'phased return' can be a bit of a cop-out by OH. Will the employee ultimately be able to fulfil the expectations of the role or not?

The employer is (I think) obliged to offer alternative work IF it is available. If not..............

Risk Assessment cannot resolve these thorny HR issues -don't allow yourself to be trapped into an inappropriate decision making process.
I believe (I could be wrong) that the reasonable adjustment requirements of the Equality Act would not apply in this instance.
bob youel  
#3 Posted : 16 June 2015 08:19:36(UTC)
Rank: Super forum user
bob youel

with all due respect I would give HR and production as much info about the subject as possible and then let them manage the situation noting that what is a reasonable adjustment/period etc. is different in every case
Steve e ashton  
#4 Posted : 16 June 2015 10:21:43(UTC)
Rank: Super forum user
Steve e ashton

1) There is no 'legislation' that details expected practise for a phased return,
(2) MHASAWR do apply is terms of assessing risk, and this is where many organisation seem to fail... Any significant findings need to be recorded and it is undoubtedly significant that the individual apparently may have difficulties with the work ge used to carry out.... So this will need to be considered and any significant findings recorded.
(3) Implementing a phased return IS a 'reasonable adjustment' in many cases in compliance with the equalities requirements.

Do not try to over-complicate things. If someone has been off work, and is now nervous / apprehensive about returning - if neither he nor his doctor are certain he will be able to integrate immediately back into the role he used to occupy - then talk to him, give him a chance, let him get used to work again - find out if the duties are too onerous - and help him return to full fitness and full contribution. Almost certainly that is what he wants, and almost certainly that will be the best outcome for the business. Any disruption caused by the phased return should be manageable and the alternative (to dismiss on the grounds of capability) is painful to both sides, and may result in civil action if not handled properly.
Animax01  
#5 Posted : 16 June 2015 13:06:00(UTC)
Rank: Super forum user
Animax01

We have been in a similar position to this. By working closely with OH, the production management and involving the individual, we were able to develop a plan of return. We slowly increased the working hours and then increased the content of that work afterwards. We then sat down with the individual at the end of each agreed period (1 or 2 weeks) and discussed how it was going along with supervisor/management comments and observations.
Doing it this way meant that we didn't over burden the individual and we were able to observe what was a problem and what wasn't.
I am pleased to say that the individual has returned to a full working week with very few caveats.
If this can be implemented, irrespective of the law and regulations, what you get is an experienced member of staff back in your workforce. It also shows the workforce as a whole that individuals are respected and valued. This can only be a positive thing.

Good luck.
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