Fit for Work rules will have implications for employers and employees, says Daniel Krigers, of law firm Chadwick Lawrence

The Government is due to introduce a new service known as Fit for Work (FFW) on a phased basis up to May, 2015.

This article looks at the main aspects of the service which are aimed at providing free services for employers and employees to try and ensure earlier and more sustained returns to work from sickness absence.

Firstly, a new web site and telephone helpline will be set up to give employees, employers and GPs advice relating to health at work.

For example, an employee may telephone for advice about whether or not they should take a period of sick leave and an employer may ask about any adjustments which might be made in the case of an employee whose health condition is affecting him at work.

Where an employee has taken a period of sickness absence, at the trigger point of four weeks of leave, the employee’s GP will discuss a referral to FFW for an occupational health assessment.

The referral process is entirely voluntary as it relies on the consent of both the employee and the referring GP. It should be noted that the employer may also make a referral to FFW with the employee’s consent.

A referral should only be made when there is a reasonable likelihood of the employee being able to return to work at the very least on a phased return.

An FFW assessment is undertaken by a registered occupational healthcare professional supported by a network of professionals with appropriate experience in various areas of healthcare.

It is envisaged that FFW would make contact with an employee by telephone within two working days to undertake an assessment. In a limited number of circumstances, a face to face assessment may be necessary.

The employee will be asked to describe their condition, their role and any factors affecting a return to work.

From this point onwards a return to work plan can be prepared which will make recommendations for a safe and sustained return to work and it may be appropriate to contact an individual within the employer’s business such as the line manager to discuss the plan.

Recommendations will be made for any further sources of assistance and this will include a tax exemption of up to £500 per year which can be applied by the employer at the time that the benefit is provided.

Where an employee has returned to work, support from FFW will end two weeks after they have returned.

Alternatively, where FFW consider that the employee will be unable to return to work for three months or more or, where the employee has been with the service for three months, again the employee may be discharged.

It is hoped that the new service will create a much more pro-active approach to managing absence in the workplace and that it will prevent employees from moving into long term absence where the prospect of return becomes much more remote.

The onus will largely be on GPs to ensure that referrals will be made at which point the co-operation of the employer and the employee is expected.

Many employers incur significant costs in instructing occupational health therapists so the FFW service should be seen as a financial benefit as well.