Dealing with ill health

Ill health, though it can be inconvenient, is something every single one of us experiences each year – whether minor or major. As an employer, though, it can be difficult to gauge the best way of dealing with employees suffering with ill health, particularly if it’s frequent or ongoing, while also managing a business.

If an employee is struggling to undertake the tasks required of them because of ill health, the employer needs to manage the situation sensitively and consider all options before implementing any action on the grounds of ill health.

In terms of practical steps, this action would be influenced by the discussions that have already taken place in terms of their condition, returning to work and any reasonable adjustments.

Whether the absence is short-term or longterm, employers should ensure each period of absence and the reason for it is accurately recorded, making sure to distinguish absences related to holiday or parental leave from ill health. This will help to identify any patterns, should there be any.

Once a problem is identified, you’ll need to consult with the staff member. Consultation will involve discussions with the employee throughout the illness or absence, providing an opportunity to keep each side informed. This will allow for a discussion about the individual’s current health and their intentions in terms of returning to work, as well as highlight any work-related issues that may be contributing to their condition and inability to return to work.

Depending upon the length of absence to-date, it would be reasonable at this stage to state that you’d like to obtain further information from the individual’s GP or applicable medical practitioner.

As an employer, there are two avenues to go down to get a doctor’s advice when an employee is absent or suffers from ill health at work: you can either write to the employee’s GP or NHS specialist, or send them to see an occupational health (OH) physician/therapist.

The purpose of obtaining the medical evidence would be to identify a timescale for the individual’s return to work, note any recommendations for reasonable adjustments to facilitate a return to work, and whether the condition is a disability.

The Access to Medical Reports Act 1988 (AMRA) gives the employer the right to access medical reports for employment purposes, provided they follow the procedures and offer a specific request related to their employment.

The individual should be issued with a consent form that includes a statement of rights summary, as set out in the AMRA, or a letter requesting consent. Then the GP or another medical practitioner should be approached.

A copy of the relevant letter and consent form along with a list of questions is available in the EYA publications, People Management in the Early Years and Recruiting Early Years Staff, on EYA Central: bit.ly/U5-EYA-Central.

When the employer applies to gain access to an employee’s medical report, that application should focus on specific questions related to the medical condition of the employee and their ability to do their job.

When asked for their permission, the employee can choose to decline the employer’s request and refuse to give consent. An employee cannot be forced to grant access to their medical reports.

The first thing to bear in mind about OH referrals is that you will only get answers to the questions you ask. Providing as much information about employee medical history, job description, available adjustments and modifications will help you get better and more tailored advice about the case in your report.

Overall, OH reports are much easier to obtain than GP reports. It takes around one to two weeks to arrange an OH appointment, and it usually takes one to two weeks to get the report back. These days, consultations are increasingly held over the phone so you can have a report within a week of referral.

The cost of an OH report varies. If at the end, you have managed to help the employee return to work sooner, these costs are quickly absorbed and well worth it. Overall, spending a little more money to have work-specific advice much sooner seems like an easy decision. It’s important to be aware that, in some cases, the OH report will be inconclusive.

Following receipt of the medical report, a meeting can be arranged to discuss the terms of the medical evidence obtained, consider any reasonable adjustments and/ or any recommendations made (including whether any measures can be taken to assist the individual in returning to work), and take the individual’s own views on the situation at that stage.

If it’s not possible to put in place a return to work programme – for example, because the medical advice is that the individual will not be fit to return to work, there are no reasonable adjustments that can be made, or it will be some time before the individual is able to return to work – a further formal meeting should be held, to which the employee has the right to be accompanied by another.

Remember, these procedures can be extremely sensitive and complex; each situation is unique to their circumstances.

As an Alliance member, you have access to Law-Call’s 24-hour legal advice telephone service, which can help you navigate through the process. Contact details can be found in the Alliance member benefit overview section of EYA Central: bit.ly/U5Law-Call.