Injury, ill health and disability Supporting members Nicola Lee Adviser RCN Employment Relations Department

Hot topics / brainstorm u Your issues

Sick leave & sick pay u Contractual rights u Managing absence policies u Trigger points u Disability discrimination / disability leave u Contractual and statutory sick pay u SSP – 28 weeks max – then Employment and Support Allowance (must get SSP1) u Accrued annual leave (as per Stringer) u Extension of sick pay possibilities

Fit notes u Replaced all medical certificates/sick notes for employers from April 2010 u Work focussed approach to managing absence u Allows GP to indicate potential fitness to work dependant on changes made in workplace –phased return to work –altered hours –amended duties –workplace adaptations u If employer doesn’t or can’t make those changes – member is still off sick u Check pay implications of return to work on altered hours!

Injury benefits DWP Industrial Injuries Disablement benefit u Claim form BI100a – for injury u pdf pdf u Claim form BI100PD – for prescribed illness u t.pdf t.pdf NHS Injury Benefits u “wholly or mainly attributable to NHS employment” u Temporary Injury Allowance – tops up sick pay to 85% of pre injury income u Permanent Injury benefit – if member has to leave work completely or move to lower paid job

Rehab and redeployment u Integral to good managing absence policies u Rehabilitation to own job – with or without “reasonable adjustments” u NHS AfC handbook Annex Z – “phased return without loss of pay” u Redeployment – to a different job – again with or without “reasonable adjustments” u Trail periods & regular reviews u Statement of duties u Consequences and implications of (not) taking opportunities presented

Ill health retirement u Check pension scheme membership u Robust medical evidence u Permanence of condition u Check re-employment limitations In NHS Pensions scheme – u “Consideration of entitlement” u Tier 1 vs Tier 2

Dismissal u Is possible! But shouldn’t be a starting point u Has policy been followed correctly? u Hiding redundancy? u Appeal rights u Notice periods u Accrued annual leave (again!) u Apply for IHR/PIB if possible.

What members expect? u Individual representation at meetings and appeals u Individual reassurance u Emotional support u Time u Regular communication – consistent u Signposting for further advice