Transcript Document

Ill-Health
For Yolk Recruitment
Anna Denton-Jones
21st October2014
Latest figures
• Average ET award for disability discrimination
£16,320
• CIPD Annual survey reported:
– 1/3 employers seen an increase in ‘presenteeism’
– Average days per employee 7.6
– Public sector 8.7 days
– Cost £595 per employee
– 2/5 employers report stress related and mental
health related absence increasing
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Preventative measures
• Isn’t it about time we did more at this end of
the problem?
• What steps do you take in your organisations
to try and prevent absence?
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Dealing with the problem
once it has happened
• What do you worry about?
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Short-term absence
• Why might obtaining medical advice be
necessary?
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Long-term absence
• Why do we need medical advice?
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When do you get medical advice?
• Straight away?
• After absence of 4 weeks?
• When the sick note highlights an injury caused
in work including stress?
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Who do we go to?
• GP
– Pros
– Cons
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Specialist
• If the GP has referred their patient to another
medical specialist it may be better to go direct
to them for a report.
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Occupational Health Advisers
• Provide a source of independent, expert guidance
in interpreting the available evidence
• Won’t be in a position to provide a definitive
assessment or diagnosis in a given case because
they won’t have access to the individual’s medical
history and records.
• Will be able to provide you with advice on what
steps you might take to help an employee
improve their attendance
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Occupational Health Advisers
• Will be able to help you assess, for example,
whether a given pattern of absence is likely to be
consistent with a stated medical condition, or
whether the available evidence suggests some
additional underlying factor that hasn’t yet been
identified.
• Should be able to advise you on whether
additional information is required and, if so, on
the most appropriate sources
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What are the rules on
obtaining consent?
• Access To Medical Reports Act 1988
– The employer must give the employee a statement of their
rights.
– The employee must provide written consent to the
examination and preparation of the report.
– The employee must have the opportunity to see the report
before it is sent to the employer.
– The employee may request changes to the report but may
not insist on them.
– The employee may refuse to allow the report to be
disclosed to the employer.
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What are the frustrations?
• Employee won’t attend or consent
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Data Protection 1998
• Sensitive Personal Data
• Schedule 2
– The data subject has given his consent to the
processing.
• Schedule 3
– The data subject has given his explicit consent to the
processing of the personal data.
• Employee right to access reports through subject
access request mechanism
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Confidentiality
• Faculty of Occupational Medicine
– “in communicating with managers on the health
of employees, it will normally be appropriate only
to refer to the results of the health assessment
and not the clinical details”.
Para 2.2 Ethics for Occupational Physicians
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Hot spots 1
• “Issues with the line manger”
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Hot spots 2
• “Stress caused by problems at work”
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Hot spots 3
• GP’s certificate has run out i.e. - signalled
person is fit to return to work but they are
exhibiting signs in work that make you think
this isn’t the case
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Hot spots 4
• The Fit Note says the employee can perform
half their normal hours as part of a phased
return to work
• What do you pay the employee?
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Hot spots 5
• Knowledge of the medical condition
– You are deemed to know what your Occupational
Health adviser knows when it comes to knowing
about a disability.
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Hot spots 6
• The GP and the OH reports conflict
• Heathrow Express Operating Co Ltd v Jenkins
2006
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Hot spots 7
• Medic and employee’s views differ
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Still your decision
• Judgement to make.
• You may need to weigh up the evidence
provided by the GP, by your own occupation
health advisers and by other experts,
alongside your own requirements as an
employer.
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? Dismiss
• “In the final analysis, an employer is entitled
to conclude that ‘enough is enough’ and,
having investigated the facts, explored the
possibility of a medical or other explanation,
consulted the employee regularly about the
level of absence and followed the disciplinary
procedure, any ensuing dismissal is likely to be
considered fair”.
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New Fit for Work Service
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Health Management Limited (MAXIMUS)
Phased in between late 2014 and May 2015
Employees who have been absent 4 weeks +
GP referral
Return to work plan to be shared with the
employer and GP
• £500 tax relief per employee per annum for
medical treatments
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Support in Swansea,
Bridgend, Neath PT
• www.wellbeingthroughwork.org
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Health at Work Advice Line Wales
www.healthatworkwales.org.uk
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Case study
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Employee: Jane Hoare
Job role: HR adviser
Length of Service: 1st September 2011
Absent from work since 16th August with
“anxiety and depression”
• What information will you give OH?
• What questions will you ask?
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Resources
• www.timetochangewales.org.uk re mental
health issues
• www.stress.org.uk
• www.hse.gov.uk
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Contact Us:
[email protected]
029 2059 9993
07977 545480
@refreshinglaw
www.refreshinglawltd.co.uk