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Sickness Absences and Fit For Work By: Marie Walsh On: 6th October 2015 @ 13:00
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Fit for Work Scheme 2015
Marie Walsh
Disclaimer
These materials and the information contained within them are designed solely for the use of participants on our courses. These materials shall not be copied or reproduced in any format whatsoever without the prior consent of Consilia Legal LLP. The content of these materials and any commentary on the law contained within the materials is provided free of charge for information purposes only. Every reasonable effort is made to make the information and commentary accurate and up to date, but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by the author, the publisher or Consilia Legal LLP. The information and commentary does not, and is not intended to, amount to legal advice to any person on a specific case or matter.
Summary
What the Scheme is
Process
Who is Involved
Tax Exemption
Recent Cases
Feedback and Future
What is the 2015 Scheme?
• Government funded initiative and delivered by Health Management Ltd
• Previously known as ‘Health and Work Service’
• Designed to support workers with health conditions and help with sickness absence.
• Designed to work alongside occupational health services, not replace them.
Capability
Big issues for Employers
Section 98 (2) ERA 1996 Capability is a Fair Reason to dismiss
Section 98 (4) ERA 1996 - Procedure?
Disability issues
What if I don’t want to dismiss?
Timeline of FFW
Timeline
• February 2011: Dame Carol Black and David Frost CBE were appointed to review sickness absence.
• 21 November 2011: the report suggested a government funded assessment by occupational health professionals.
• 25 July 2014 : Government announced a new Health and Work Service, to be launched in late 2014.
• 10 October 2014: Government announced a new name for the Health and Work service, “Fit For Work”.
• In December 2014: the website and telephone lines were launched.
• People can be referred from August 2015
What the Scheme Provides
• Free health and work advice from the FFW: • Website
• www.fitforwork.org (England and Wales) - or
• Telephone line
• 0800 032 6235 (England and Wales)
• Free referral for an occupational health assessment for employees who: • The GP thinks will reach 4 weeks of absence.
• Have already reached this number.
Process
1. After 4 weeks of sickness absence employees are: • Referred to the FFW programme by an employer.
• Referred to the FFW programme by a GP.
2. GP would assess the employee via telephone or if necessary in person.
3. Employee can then plan and manage with the employer prognosis and recovery from sickness absence and how best to return to work including adjustments/ accommodations.
4. Employee returns to work without having to gain a return to work note from a GP.
NB: Having returned to work for 2 weeks the employee would automatically be discharged from the fit to work scheme.
Employees
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/408274/fit-for-work-employers-guide-feb-2015.pdf
Employers
• Benefits to the Employer
• Sick pay costs savings as employees return to work faster
• SMEs have access to FFW as they have limited access to occupational health advice and services.
• A free and rapid early intervention service.
• Support to your employees (cynically a potential defence to any claims).
• Promotes recovery and rehabilitation properly.
• Prevents harmful physical, mental and social effects of long term absence.
Government Tax Exemption
• From the 1st January 2015.
• Employers must fund the costs of medical treatment that is recommended by a healthcare professional. • As part of FFW
• Or as part of any employer-arranged occupational health service.
• The new tax exempt expenditure is limited at £500 per employee per tax year. • If over £500 it remains liable to tax and NICs on the excess.
• No tax or NICs on any payments up to £500
• Tax exemption removes any disincentive for employees and employers to engage in medical treatments that would help reduce sickness absence.
Cases • Julie: 16th July 2015
“My GP asked me if I would mind if someone from the Fit for Work service rang me at a convenient time to discuss my issues in more detail, which I agreed to. I wasn’t sure whether it would be helpful or not but I trusted my GP to refer me to something which could help me return to work successfully. The woman from Fit for Work phoned me and I told her about the problems I was experiencing with lack of sleep combined with long shifts.” http://fitforwork.org/blog/case-study-archive/supporting-julie-back-work-employees-story/
“When I met with Julie and discussed her ongoing health issues and lack of sleep, I estimated that it would take her between six to eight weeks for her to get back to work. The fact that she’s already been back for three weeks, after I referred her for a Fit for Work telephone assessment, is amazing. “The good thing about the service is that it means I can refer patients like Julie to people who are experts in occupational health, which isn’t something we are trained in as GPs.” Dr Dobson, Julie’s GP.
• Lisa: 17th August 2015
“I originally went to A&E because the pain was so bad, but they just told me I needed to rest up. I had been off work for two weeks because of my illness so I went to my GP. He told me that he didn’t think I would be capable of going back to work yet. I was worried but he suggested that I speak to Fit for Work as he knew I would be in safe hands with them.” http://fitforwork.org/blog/case-study-archive/supporting-lisa-back-to-work/
“Lisa was in a lot of pain due to the flare up of her osteoarthritis, but she was very keen to get back to work, which you don’t always see in patients who are long-term sick. I thought she would be a good case for Fit for Work because they could liaise with both Lisa and her employer and work out the barriers stopping her from getting back to work.” Dr Kahn, Lisa’s GP.
Feedback Continued…
Table found from Documents from University of Liverpool on Gov.uk Website: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/362443/rr883-fit-for-work.pdf
The Future of FFW
• It’s a fairly new system from 2011, system not fully in place as of yet.
• By the end of 2015 it should be fully running.
• Better results will confirm whether FFW will be a success/failure.
• Most people will begin to use it if more positive results come through.
• FFW will continue to be free, quick and government funded for now.
Thank you Questions?
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