Phased return to work with weekend working

Own_Worst_Enermy

Hi,

I have now had Occupational Health consult who are going to suggest a phased return.

My questions are:
How does this work with weekend working involved, if anyone knows.

I’ve also read from historic threads sometimes on a phased return the employer could make you use holiday. Has this practice been stopped? I would rather just be paid for less hours as I think any phased return is going to be very short term if accepted. (I’d already explored informally the return as part time but got a no. fair enough)

Also I had problems getting holiday from the employer when I was well and able bodied, so I’m dreading asking what is going to happen at year end (end of this month) 

Many thanks 🙏 

Bobbobbobingalong

It's all about what your contract says - if weekend working is not part of your t&cs then you shouldn't work them (unless you agree to do so), whilst subject to phased return working. Quite why you would use holidays is a mystery, I don't understand what you are getting at there. Holidays are however, generally speaking, a contractual right so taking them subject to your employer's agreement ought not be an issue. Your contract is a two way street - they have to honour it just as you do and if it specifies you have a holiday entitlement then you shouldn't be unreasonably frustrated in trying to take them.

You may wish to check your employer's policy on using holidays at the year end, there may be an option to part carry some forward in to the next year, they may buy them out, you may lose them altogether, the devil is in the detail but if it's the latter then again, fall back on your contractual entitlement.

TheSpiddalKid

Own_Worst_Enermy said:

Hi,

I have now had Occupational Health consult who are going to suggest a phased return.

My questions are:
How does this work with weekend working involved, if anyone knows.

The relevant question here isn't about how do weekends work with a phased return to work. The questions to ask are
Are weekends part of my normal/contractual working pattern?

If yes, you can still expect to work with them.

Then secondly. Is there anything fundamentally unsafe about working at the weekend as a consequence of my illness/absence and/or return to work? Can this be managed?

The answers here would need to be Yes and No respectively in order to expect weekends to not form part of your phased return.

Own_Worst_Enermy said:

I’ve also read from historic threads sometimes on a phased return the employer could make you use holiday. Has this practice been stopped? I would rather just be paid for less hours as I think any phased return is going to be very short term if accepted. (I’d already explored informally the return as part time but got a no. fair enough)

There is no statutory right to phased return so an employer may ask, if you want to work reduced hours, to take annual leave or unpaid leave. You should look at what is in your sickness absence policy.

Own_Worst_Enermy said:

Also I had problems getting holiday from the employer when I was well and able bodied, so I’m dreading asking what is going to happen at year end (end of this month) 

This is separate issue to sickness and the best first step approach is to speak to your line manager about your concerns with being able to book time off.

Wonka_2

I've experience of this from a holiday, if not a weekend perspective

A phased return should normally follow work within the normal working hours - if these include weekends then there is no reason why weekends should be excluded. For the sake of clarity are you asking because you don't normally work weekends and they've scheduled you to ? Or you work occasional but they've scheduled all ? Or you do normally work but in this case you don't want to ?

For the holiday aspect it's more complex and maybe others will offer a more 'legal' solution but in our organisation it's expected that you use holiday you've accrued during the absence before returning to work - either as a genuine holiday so you return refreshed or as an extension to the phased return i.e. 3 days rather than 4 for a longer number of weeks. From a financial perspective companies don't like the double whammy of paying for sickness leave and then paying for the holidays accrued for a further absence

To some extent all of the above depends on employer, length of absence, reason for absence, length of service and desire to return

diystarter7

Hi OP

If you work for a large organstion its easier to be more flexible.

I had a phsed return years ago, possibly about 20/22 years ago as i was intially misdiagnosed several time which made my health worse etc

Anyways, the OH was very helpful though intially I thought, the management was picking on me.

As I was on staff payroll, I'm not sure what happened but it was a phsed 6 week plan and to be reviewed ad OH
ws offering 8 weeks i declined,  I started off with half days late starts and often did 10 to two inc lunch break
and a reduced caseload, But within weeks 3rd week i asked for review and returned to normal - my fault
as it was a bit too early byut i managed

I recall asking for a few days off and got a snide comment about "just returned to work" - which ticked me off
but we often spoke with the manager and did the electronic application and I did just that and got the leave.

Tell you OH that you need some hols and possibly integrated into that but a phased return to work IMO
should not be using your hols up

Phone ACAS and see what they say as they are experts in stuff like this and more

Btw, my manager did apologise for intially referring me to OH a lot quicker than they had with others and then the hols thing. We actually became good workmates as the manger knew I was not one to take the p and that helped me as i felt more relaxed but i would never take advtage of a co-worker frined and I did the same for the manager EG, when they were really stuck possibly hading out urgent work and others refused, I'd accpet as TBH i found the work easy when I am am well.

Sorry, go for ACAS and or personel if you feel confident to do that but ACAS stuff will be confidential unless you wish to share etc


Good luck

diystarter7

Btw  - sorry missed the bit re weekend working - i am guessing its retail?
if so, most people dislike w/e working and it may be task to get every w/e off
under your OH plan but see how it goes and try to work with your manager/s.
However, put your health first as health is wealth.

I worked with my manger/supervisor and gave reasons etc, worked for me

Good luck

theoretica

It isn't clear to me what you actually want to happen with your holiday.  If you are coming up to the end of your holiday year, but still have holiday left, why do you want to take unpaid days rather than paid holiday days?

Undervalued

Own_Worst_Enermy said:

Hi,

I have now had Occupational Health consult who are going to suggest a phased return.

My questions are:
How does this work with weekend working involved, if anyone knows.

I’ve also read from historic threads sometimes on a phased return the employer could make you use holiday. Has this practice been stopped? I would rather just be paid for less hours as I think any phased return is going to be very short term if accepted. (I’d already explored informally the return as part time but got a no. fair enough)

Also I had problems getting holiday from the employer when I was well and able bodied, so I’m dreading asking what is going to happen at year end (end of this month) 

Many thanks 🙏 

There is no simple answer to this.

There is no legal right, as such, to a phased return to work. It could form a part of "reasonable adjustments" which an employer would be obliged to make if the employee has a disability (for employment law purposes). If the employee is "only ill" (and not disabled) then the employer doesn't have to make any adjustments at all. They could say "do your full job or stay off sick"!

So, in the absence of a disability it comes down your term and conditions, company practice and how much goodwill they want to extend.

Regarding holiday, you have a legal right to at least your statutory holiday entitlement but the employer can total dictate when you can and cannot take it during the year.

Own_Worst_Enermy

Many many thanks, no I’m not in retail I work for a parcel company (not a driver) but still heavily target based controlled by stats which is how I eventually think they will get rid.

I work for a large company and when I’ve looked for part time jobs only a small business owner would give me the opportunity to interview so I kind of know I’m stuck.

I don’t mind working weekends in fact I quite love it so sorry if comes across I’m trying to get out of working, I just don’t know anyone on a phased return who isn’t outside of 9-5 and curiosity gets the better of me.

I just saw a few threads 2012 on here when searching which gave me the impression that an Employer can use leave for full pay when in a phased return. And wondered if the practise was still valid as appreciate years have past.

I’m being daft and getting ahead of myself just trying to plan things when I’ve got a problem not dealt with by surgery which remains I fear I get to outpatients appointment end of the month and then they may start looking into other problem. I’ve started the ball rolling asking what happens to the holiday.

Not won’t be friends with the Manager, as they are the sort who likes to wind people up because in their own words they can remain incredibly cool and enjoy others losing it. There was nearly a bust up in early December over 1 day, (I’m eating large slices of humble pie now) they would not allow anyone leave at Christmas knowing we have loads of holiday building up, to receive an abrupt message week in between Christmas and New Year telling us to book holiday.

I’m well aware they can refuse anything in the report. I remain surprised I even got anywhere near full pay which maybe more head offices doing, but as I said to Dad if they decide they’ve paid me wrongly at any point they have 6 years to reclaim monies. Not that I’m at all bothered by debt anymore. I’d paid anything for this not to be happening or have happened.

Own_Worst_Enermy

Undervalued said:

Own_Worst_Enermy said:

Hi,

I have now had Occupational Health consult who are going to suggest a phased return.

My questions are:
How does this work with weekend working involved, if anyone knows.

I’ve also read from historic threads sometimes on a phased return the employer could make you use holiday. Has this practice been stopped? I would rather just be paid for less hours as I think any phased return is going to be very short term if accepted. (I’d already explored informally the return as part time but got a no. fair enough)

Also I had problems getting holiday from the employer when I was well and able bodied, so I’m dreading asking what is going to happen at year end (end of this month) 

Many thanks 🙏 

There is no simple answer to this.

There is no legal right, as such, to a phased return to work. It could form a part of "reasonable adjustments" which an employer would be obliged to make if the employee has a disability (for employment law purposes). If the employee is "only ill" (and not disabled) then the employer doesn't have to make any adjustments at all. They could say "do your full job or stay off sick"!

So, in the absence of a disability it comes down your term and conditions, company practice and how much goodwill they want to extend.

Regarding holiday, you have a legal right to at least your statutory holiday entitlement but the employer can total dictate when you can and cannot take it during the year.

Sorry I missed this, yes the Occ Health said I fall under the Equality Act; not for the spinal condition but for diabetes.

I put in an application for PIP but I’m not hopeful at all. 

Oh god, whilst the report looks good that I’ve chased to get sent from occ health I notice an error, I said a single drive to the depot takes 40 minutes and they’ve put I’m 40 miles away. 🙈 

x_raphael_xx

Own_Worst_Enermy said:

I don’t mind working weekends in fact I quite love it so sorry if comes across I’m trying to get out of working, I just don’t know anyone on a phased return who isn’t outside of 9-5 and curiosity gets the better of me.

I don't know re-sickness, but my company is 24-7, so shift work is standard. Staff coming back phased from maternity etc would just go in the rota as normal, but less/shorter days.