What is a phased return to work?
A phased return helps employees regain confidence and readjust to their working life after an extended absence. For example, you might introduce a phased return when an employee comes back after a long-term illness, disability or extended absence.
Returning gradually can help reduce the risk of workplace accidents or health complications.
How different circumstances affect an employee’s return to work
Your employee’s return-to-work programme will likely depend on the support they need and their current capabilities.
For example, if an employee has been on sick leave due to a long-term illness or disability, they may not be able to take on all of their previous duties and responsibilities once they return to work. Employees on parental leave may also wish to have a phased return to work, and these phased returns are usually tailored to individual circumstances.
You could adjust your employee’s workload, duties or schedule. For example, you could offer reduced hours or morning-only shifts. Employees may provide a fit note from their doctor, which may include their recommendation on how long the phased return to work will be.
Reasonable adjustments and other accommodations
Offering less physically or mentally demanding duties can also be an important part of the phased return process. As an employer, you are legally obliged to make reasonable adjustments if your employee has a disability. You may also wish to create an employee assistance programme.
Supporting employees as they establish a new routine is important for a smooth transition back to work. Since phased returns to work can last several weeks, a structured approach to phased returns can help support employees as they gradually increase their responsibilities. The goal is often a return to full-time work when appropriate.
Checking in during phased returns
Regular check-ins during phased returns to work are important for employers to ensure employee wellbeing and successful reintegration. Some employees on phased returns to work may eventually be able to take on all of their previous responsibilities. Alternatively, their responsibilities might need to change slightly to fit their new needs.
Checking in regularly to review your employee’s progress can help you collaboratively adjust the plan if needed. You could document any agreed actions in writing, and potentially involve an occupational therapist if deemed necessary.
Why are phased returns to work important?
Phased returns to work support employees by facilitating reintegration into their workplace. Some benefits include:
Savings on recruiting new talent
Recruiting a replacement can cost time and money, whereas a phased return allows you to retain your current employee. If you are considering dismissing an employee who has been off work long term, it may be worthwhile to propose a phased return to work first to give the employee the opportunity to come back.
It is also important to be mindful of employment laws and to ensure that you have grounds for fair dismissal before letting an employee go. Company policies may serve as a useful guideline to follow to ensure fair treatment for all employees throughout the process.
Reduced turnover
An employee who is currently absent but could return to your organisation in the future already understands the structure of your workplace without any additional training. If your employees can tell that your organisation is dedicated to helping employees return to work via graded stages, it could help boost morale and potentially reduce turnover.
Be mindful that if an absent employee returns to full responsibilities immediately after a long-term illness, they might become ill again. Therefore, a phased return to work could be a good strategy for making sure that both you and your employee benefit from their return.
The UK law on phased return to work
Before you create a definite strategy for your phased return to work plan, you may wish to familiarise yourself with UK laws that may be relevant to phased returns to work.
You may consider contacting a solicitor for legal advice to make sure that you are compliant. You have a duty to ensure the health and safety of your employees, and, depending on the employee’s circumstances, you may be legally required to make reasonable adjustments to support their return to work.
Recording and monitoring sick leave
According to the Health and Safety Executive (HSE), employers have a responsibility to record and monitor sick leave to identify trends and manage risk.
The employee’s line manager, occupational health professionals and medical professionals may be involved in the employee’s phased return. This may especially be the case after major surgery or long-term sickness so as to ensure the employee’s needs are properly addressed.
Following the Equality Act 2010
Under UK law, employees are protected by the Equality Act 2010. This means that if they have a protected characteristic such as a disability, employers are not allowed to discriminate against them on the basis of this disability. The law requires supporting employees and supporting their return to work by making reasonable adjustments and providing tailored support.
This is important to consider if you are trying to accommodate an employee during phased return to work. If they are now considered to have a disability, you may need to consider reasonable adjustments..
For more information on reasonable adjustments, please visit the UK government website. Consider managing the employee’s return in line with company policy and work guidelines to ensure compliance and best practice.
Following health and safety regulations
Employers are expected to follow UK health and safety laws. This involves carrying out risk assessments to make sure that your workplace is safe for your employees. An employee’s return to work might introduce new risk factors that didn’t exist previously. For example, they might need a ramp for wheelchair access or assistance climbing stairs if they have reduced mobility.
For more information, you can consult the UK government’s page on health and safety.
Pay arrangements
When discussing a phased return, employees may have questions about statutory sick pay (SSP) and sick pay entitlements. An employee’s pay depends on their agreement with you: for reduced hours with the same duties, they would typically receive normal pay for worked hours, with non-worked time covered by full pay, company sick pay or SSP if eligible and no better policy applies.
If the return involves a lighter workload, you and your employee will agree on a pay rate, documented in writing. It may help to have an employee handbook that clearly explains how employees’ pay may be provided during a phased return to work.
If your employee has a dispute about your phased return to work plan
If your employee has an issue with the way you plan to introduce their phased return to work, they may raise this with you informally first. It is likely worth having a one-on-one meeting to address their concerns. Gather the employee’s feedback and schedule regular check-ins to ensure that the plan is aligning with the employee’s needs or expectations. Making sure to regularly review your employee’s progress could also help prevent future disputes.
However, if your employee isn’t satisfied with their phased return to work, they might formally raise a grievance. If the issue isn’t solved via a grievance hearing, then your employee might take you to an employment tribunal. If a dispute cannot be resolved internally, you may need to seek advice from a legal professional or HR expert.
To avoid any disputes, it may be useful to clearly state your phased return-to-work scheme in a return-to-work policy and to store it in a location that can be easily accessed by your employees.
Return-to-work policy
You might choose to include your phased return-to-work scheme in your return-to-work policy in your employee handbook so it’s clear to your employees.
An employee handbook may include clear work guidelines, reference relevant company policy and provide examples of phased return to work plans to help employees understand their options.
Return-to-work interview
Once your employee decides that they wish to return to work, you might meet with them to decide whether they can return and what responsibilities they can manage. Their line manager, occupational health professionals and medical professionals may be involved in the interview.
One benefit of having a return-to-work interview is that you can help your employee to reintegrate into their role and introduce them to any new members of the team who joined in their absence.
This could also follow with a risk assessment process to ensure that your employees do not have an increased risk of an accident due to their recent circumstances. Other factors you could discuss with your employee during an interview include:
- Whether there have been any changes to their role in their absence
- Whether there have been any changes to their workplace during their absence
- Whether they need any reasonable adjustments (such as if they have a new disability)
- Whether you or your employee need to make an occupational health referral
- Employee’s feedback on their needs and concerns
- Adjustments to workload to support recovery
- Work hours, including options for reduced hours or fewer hours
- Arrangements to work mornings only if needed
- Ensuring adequate rest periods are included in the plan
Monitoring a phased return to work scheme
You might decide that it’s useful to measure an employee’s productivity during a phased return to work scheme. In addition, monitoring the employee’s progress, scheduling regular check-ins and making sure to regularly review the plan are important steps. You may consider contacting a solicitor for legal advice to make sure that you are compliant.
Taking a structured approach to your phased return to work scheme can help support employees and ensure a positive outcome. While every business usually has a different phased return to work scheme because of their own needs, it’s useful to follow UK law on both health, safety and equality while doing so. That way, you can best accommodate your employee while staying compliant with the law.
