All employers across England and Wales are now able to refer employees to the Fit for Work Service if they have been, or are likely to be, off work for four weeks or more. In summary, employees who consent to being referred to Fit for Work will be invited for a telephone assessment by a Fit for Work occupational health professional. This assessment aims to identify all potential obstacles preventing employees from returning to work (including health, work and personal factors). Where appropriate, a Return to Work Plan will be agreed between the advisor and employee. Advice within the guidance provided for employers on the Service’s website includes updating policies to incorporate the facility and to accept the Fit for Return to Work Plans which would strengthen the employer’s position in demonstrating that a reasonable procedure was followed in ill health dismissal situations, particularly including those with disability aspects, where reasonable adjustments may need to be considered.
Content Note
The aim is to provide summary information and comment on the subject areas covered. In particular, where employment tribunal and appellate court cases are reported, the information does not set out full details of all the facts, the legal arguments presented by the parties and the judgments made in every aspect of the case. Click on the links provided to access full details. If no link is provided contact us for further information. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, SM&B cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.
This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, we cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.