Phased return to work - Salary / Holidays

kay159

My partner was off work for 8 months due to issues with his blood pressure and works for a major high street retailers distribution centre
He was advised, after many delays, that he could return to work on a phased basis from the 1st April 2019. His contracted hours are 40 per week, 8 hrs per day and he is paid a monthly salary
At the time he had annual leave remaining which was paid with the exception of a number of hours (70 I believe) which were held back to accommodate the phased return
The phased return was agreed at an initial 4 hours per day with an occupational health review after a month, and an increase of 1 or 2 hours weekly after that until he reached his full hours
When he went back the first week, he was told none of the duties available under the agreed adjustments were available and he was requested to book a weeks salary rather than losing pay
Since then he has been asked to book 20 hours of leave each week alongside the phased 20 hours at work to ensure he receives his full salary
He saw Occupational Health today to approve an increase in hours and they have refused this so he is still having to book 20 hours of leave each week or lose 50% of his salary
OH can give no indication of when they will approve an increase in hours
The issue is that his leave is rapidly running out. If he opts to reduce to a 20 hour contract his leave will be reapportioned and he would consequently have used up all of his annual leave
We have tried to look at the sickness policy and how it covers a phased return but there seems to be no indication
Surely they cannot expect him to book leave to cover the full 40 hours indefinitely, or leave him facing the prospect of running out of leave
He was happy to increase his hours gradually and possibly renegotiate a 6 hour contract but this isnt being considered
How does he stand on this
I've read mixed opinions that the salary should be paid in full as the company has requested the phased return and are not giving him an opportunity to increase his working hours, that the shortfall in hours could be covered from Company Sick Pay which reset on the 1st February or that they should only pay him for the hours worked
Has anyone any idea where he stands on this ??
Many thanks

ohreally

Phased return is normally "paid for" using remaining occupational sick leave until exhausted, then onto A/L.

If OH are preventing him from returning due to health issues he could put medical suspension to his employer and see what the response is. ERA 1996 64(1). https://www.legislation.gov.uk/ukpga/1996/18/part/VII/crossheading/suspension-on-medical-grounds

getmore4less

Was the annual leave that was paid was it as a lump sum or taking holiday?

nicechap

kay159 wrote: »

My partner was off work for 8 months due to issues with his blood pressure and works for a major high street retailers distribution centre
He was advised, after many delays, that he could return to work on a phased basis from the 1st April 2019. His contracted hours are 40 per week, 8 hrs per day and he is paid a monthly salary
At the time he had annual leave remaining which was paid with the exception of a number of hours (70 I believe) which were held back to accommodate the phased return
The phased return was agreed at an initial 4 hours per day with an occupational health review after a month, and an increase of 1 or 2 hours weekly after that until he reached his full hours
When he went back the first week, he was told none of the duties available under the agreed adjustments were available and he was requested to book a weeks salary rather than losing pay
Since then he has been asked to book 20 hours of leave each week alongside the phased 20 hours at work to ensure he receives his full salary
He saw Occupational Health today to approve an increase in hours and they have refused this so he is still having to book 20 hours of leave each week or lose 50% of his salary
OH can give no indication of when they will approve an increase in hours
The issue is that his leave is rapidly running out. If he opts to reduce to a 20 hour contract his leave will be reapportioned and he would consequently have used up all of his annual leave
We have tried to look at the sickness policy and how it covers a phased return but there seems to be no indication
Surely they cannot expect him to book leave to cover the full 40 hours indefinitely, or leave him facing the prospect of running out of leave
He was happy to increase his hours gradually and possibly renegotiate a 6 hour contract but this isnt being considered
How does he stand on this
I've read mixed opinions that the salary should be paid in full as the company has requested the phased return and are not giving him an opportunity to increase his working hours, that the shortfall in hours could be covered from Company Sick Pay which reset on the 1st February or that they should only pay him for the hours worked
Has anyone any idea where he stands on this ??
Many thanks

ohreally wrote: »

Phased return is normally "paid for" using remaining occupational sick leave until exhausted, then onto A/L.

If OH are preventing him from returning due to health issues he could put medical suspension to his employer and see what the response is. ERA 1996 64(1). https://www.legislation.gov.uk/ukpga/1996/18/part/VII/crossheading/suspension-on-medical-grounds

From OP's other thread:

https://forums.moneysavingexpert.com/discussion/5948111/company-has-opted-out-of-basic-sick-pay-what-happens-after-28-weeks

Their partner opted out of company sick pay and were on SSP until exhausted in Jan and then appear to have gone onto ESA.