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Employment Legislation update: Fit For Work Service; update.

Employment Legislation update: Fit For Work Service; update.

With absence from work costing employers millions of pounds, over recent years there have been growing efforts to reduce the number of days off.

The latest initiative is the Fit for Work Service, a Government-funded occupational health referral service, which was introduced in 2015 to provide advice on health and work matters and occupational health assessments.  This is likely to be of benefit to many small to medium sized employers who do not have their own occupational health support.

Advice has been available from the Fit for Work website and a telephone helpline since January 2015. The referral service has been gradually introduced and rollout across England is now complete.  GPs can now refer employees to the service and employers will be able to make referrals from autumn 2015.

In order to be referred, the individual must be an employee living in England, Wales or Scotland and must have been absent from work for at least four weeks.  They must not have undergone a Fit for Work assessment in the previous 12 months and not have received a return-to-work plan as a result of this referral.

There must also be a reasonable likelihood of being able to return to work within three months and the employee must give their consent before a referral can be made.

Once a referral has been made, the Fit for Work Service will arrange for an occupational health assessment to be carried out.  In most cases this will be by telephone and the employee will be provided with a return-to-work plan which will include recommendations to assist with a return to work.  Providing the employee consents, the plan will be shared with the employer.

The employee will have a case manager who can arrange a further assessment if necessary. The employee will be discharged from the service:

What does this mean for employers?

Check that any absence policy now includes referrals to the Fit for Work Service.

Where a return to work plan is in place, a GP does not have to issue a ‘fit note’ as the plan provides evidence of incapacity for work.

Employers may be contacted by the Fit for Work Service to discuss factors which might help to develop the Return to Work Plan including obstacles.

Any recommendations made in a return to work plan should be considered.  They are not legally binding but where the absence from work is as a result of a disability, an employer could be accused of failing to make reasonable adjustments.

Further information can be found at https://www.gov.uk/government/publications/fit-for-work-guidance-for-employers

For more infomation on Employment Legislation issues please contact Sheila Watson on sheila.watson@hartlepool.gov.uk

 

 

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