Injury, ill health and disability

Supporting members

Nicola Lee

Adviser

RCN Employment Relations Department

Hot topics / brainstorm

Your issues

Sick leave & sick pay Contractual rights Managing absence policies Trigger points Disability discrimination / disability leave Contractual and statutory sick pay SSP – 28 weeks max – then Employment

and Support Allowance (must get SSP1) Accrued annual leave (as per Stringer) Extension of sick pay possibilities

Fit notes Replaced all medical certificates/sick notes for

employers from April 2010 Work focussed approach to managing absence Allows GP to indicate potential fitness to work

dependant on changes made in workplace – phased return to work – altered hours – amended duties – workplace adaptations

If employer doesn’t or can’t make those changes – member is still off sick

Check pay implications of return to work on altered hours!

Injury benefitsDWP Industrial Injuries Disablement benefit Claim form BI100a – for injury http://www.dwp.gov.uk/advisers/claimforms/bi100a_print.

pdf

Claim form BI100PD – for prescribed illness http://www.dwp.gov.uk/advisers/claimforms/bi100pd_prin

t.pdf

NHS Injury Benefits “wholly or mainly attributable to NHS employment” Temporary Injury Allowance – tops up sick pay to 85% of

pre injury income Permanent Injury benefit – if member has to leave work

completely or move to lower paid job

Rehab and redeployment Integral to good managing absence policies Rehabilitation to own job – with or without

“reasonable adjustments” NHS AfC handbook Annex Z – “phased return

without loss of pay” Redeployment – to a different job – again with or

without “reasonable adjustments” Trail periods & regular reviews Statement of duties Consequences and implications of (not) taking

opportunities presented

Ill health retirement Check pension scheme membership Robust medical evidence Permanence of condition Check re-employment limitations

In NHS Pensions scheme – “Consideration of entitlement” Tier 1 vs Tier 2

Dismissal Is possible! But shouldn’t be a starting

point Has policy been followed correctly? Hiding redundancy? Appeal rights Notice periods Accrued annual leave (again!) Apply for IHR/PIB if possible.

What members expect? Individual representation at meetings

and appeals Individual reassurance Emotional support Time Regular communication – consistent Signposting for further advice