employee to attend an occupational health assessment if they want to try to get them back into work.
And she explains: “This is because employees with long-term health conditions may qualify as having a disability under the Equality Act 2010.
“Employers have a duty to consider reasonable adjustments for disabled employees before any action is taken.
Claire Brockbank
based Metis HR, says that while employers need to be respectful of a medical professional’s opinion that someone is unfit to work “there is no law that requires someone to stay off work until the fit note end date”.
She says: “Returning earlier is legal and often encouraged if the employee feels able to work and the employer supports their return.”
She adds: “For example, the staff member has had knee surgery and may not be able to get into work but with the right set up they could work safely from home.
“Assess the risk and put a plan in place. Keep a record of the meeting and get the employee to sign it.
“Check in regularly to make sure the employee is coping well. A word of caution, make sure the employee truly feels fit and isn’t just feeling under some financial or other pressure to return to work.”
She says that an employer should ask an Expert View PLAYING IT
BY THE BOOK By Victoria Marshall,
Partner and head of employment, Farleys Solicitors
A staff handbook sets out what is expected of your staff as well as stating their rights.
The handbook can be tailored to your business and contain policies and procedures, including sickness policies.
Set the standards expected – A staff handbook sets out clear expectations including how your staff should behave, what they should wear and how they should manage confidential information, social media and IT systems.
Ensure the smooth running of your business – Policies and procedures help you manage your business’s reputation, for example by having a social media policy. They can also help manage workflow, for example by having a procedure for reporting sickness absence and booking annual leave.
Time-Saving – A well written staff handbook is a great reference tool for a manager when facing a particular situation. It will also assist managers in answering staff queries and will enable them to refer to a relevant policy or procedure that applies to the particular situation a member of their team is enquiring about to ensure issues are dealt with properly
Consistency – Applying the same processes to every member of staff avoids lengthy grievances being raised alleging unfair treatment.
Defending employment tribunal claims – Certain policies such as equal opportunities, whistleblowing, disciplinary, grievance and health and safety where properly implemented can be used to assist in the defending employment tribunal claims.
“The occupational health report will answer specific questions put by the employer and recommend adjustments to enable the employee to safely return to work.”
Alison adds that employers have to demonstrate they have “followed a fair process, respected medical evidence and avoided discrimination or unfair treatment”.
Claire Brockbank advises that it is important to keep an employee updated on what’s happening in the business or organisation when they are off on long-term sick.
She says: “Before returning after any period of long-term absence, it’s also a good idea to carry out a return-to-work interview to help you establish if they’re fit to return, support needed and also to update them on things that might have changed in their absence, such as staff changes.
“Remember for someone who has been absent for some time, returning to work can feel really scary, so check in with them regularly to make sure they’re okay.”
Health and Wellbeing: Page 51
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