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Hello,

Thanks for adding me!

My question is (and I have tried researching here and others) before asking, so can anybody please clarify, when a RTW has to be completed by, basically my wife has been back at 4 days and still has not been approached to have one.

Is there a time limit for instance, that if her employer has not completed by, then it becomes null and void and the 2 weeks sickness cannot be added to her records. (I only ask as this is "hearsay" at the moment)

 

 

Regards,

 

 

Dave

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If she's not in a safety critical role, a rtw interview is usually a "are you better?".

Many office managers don't have time and/or will to sit down and have a proper formal rtw interview.

They're just glad you're back and hope you don't go sick again.

The sickness goes in your wife's record despite not sitting a rtw.

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I think as far as the "Back to Work" interview it depends on the specific terms and conditions of the employer. My Employee's state that "Return to Work" will take place no later than four weeks from the date that we return to work, although in reality it takes place within three days. As for anything becoming "Null & Void" I have no idea about that as absence is absence as far as I know. Perhaps a more knowledgeable person will be able to give a more informative answer.

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Not a chance unless she works under a bizarre procedure which sets out as above.

 

Sickness is always recorded interview or not.

RTW's should be done (check the local policy to see if it is a Must or Should) and can be used as mitigation in sickness hearings where disciplinary action is considered (e.g. you failed to follow your own procedure) and by not doing so your caused the person to be off longer/go back off again.

 

However there is also an onus on the staff member as well to raise concerns if they need support to keep them in work.

 

The local policy is key here but even if it isn't followed i give her zero chance in making those days go "poof" off her record.

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They will not stop the recording of an absence as it is a record of a true event. The action will probably not be activated and contributory to your attendance record if the absence is a direct result to a disability. For that you would need to be covered under the Equality Act 2010. Occupational health decide those recommendation.

 

Now the fun part as to a back to work interview and dependent if occupational health have done a back to work plan for you

 

A back to work interview on your return and timescales will be dependent on the reason for your absence. If your absence was due to a cold a back to work comment can be all that is needed.

 

If your absence was due say to surgery then management will have to do an immediate risk assesment as to your capability if not already done through Occupational health. You might be on medication, mobility impaired etc

 

The legislation is: The Management of Health and Safety at Work Regulations 1999

 

Risk assessment

 

3.—(1) Every employer shall make a suitable and sufficient assessment of—

 

(a)the risks to the health and safety of his employees to which they are exposed whilst they are at work; and

 

(b)the risks to the health and safety of persons not in his employment arising out of or in connection with the conduct by him of his undertaking,

 

 

 

This is statutory duty on the employer and a Strict Liability Offence if the employer fails not comply

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Atlas01, It was not a question of her wanting it to "Poof away" the comment was hearsay and clarification was all that was required. she hasn't been off work for 10 years so hence the question, but thanks for the info

Not a chance unless she works under a bizarre procedure which sets out as above.

 

Sickness is always recorded interview or not.

RTW's should be done (check the local policy to see if it is a Must or Should) and can be used as mitigation in sickness hearings where disciplinary action is considered (e.g. you failed to follow your own procedure) and by not doing so your caused the person to be off longer/go back off again.

 

However there is also an onus on the staff member as well to raise concerns if they need support to keep them in work.

 

The local policy is key here but even if it isn't followed i give her zero chance in making those days go "poof" off her record.

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They will not stop the recording of an absence as it is a record of a true event. The action will probably not be activated and contributory to your attendance record if the absence is a direct result to a disability. For that you would need to be covered under the Equality Act 2010. Occupational health decide those recommendation.

 

Now the fun part as to a back to work interview and dependent if occupational health have done a back to work plan for you

 

A back to work interview on your return and timescales will be dependent on the reason for your absence. If your absence was due to a cold a back to work comment can be all that is needed.

 

If your absence was due say to surgery then management will have to do an immediate risk assesment as to your capability if not already done through Occupational health. You might be on medication, mobility impaired etc

 

The legislation is: The Management of Health and Safety at Work Regulations 1999

 

Risk assessment

 

3.—(1) Every employer shall make a suitable and sufficient assessment of—

 

(a)the risks to the health and safety of his employees to which they are exposed whilst they are at work; and

 

(b)the risks to the health and safety of persons not in his employment arising out of or in connection with the conduct by him of his undertaking,

 

 

 

This is statutory duty on the employer and a Strict Liability Offence if the employer fails not comply

 

 

What "legally" contributes a risk assessment?

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EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Atlas01, It was not a question of her wanting it to "Poof away" the comment was hearsay and clarification was all that was required.

 

No worries it was the shortest (but clearest) version i could think of after typing all day :)

 

When i check my personal employment dictionary for the word hearsay it says "Word used to summarise elements of a procedure or conversation that neither exists or happened"

 

Ignore it at all costs!

 

 

""What "legally" contributes a risk assessment?""

 

Identify the hazard

Decide who can be harmed and how

Implement Controls

Finish at low risk

Review it

 

Guess who was on a risk assessment course last week?

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Yup it shows. :)

 

My father is Nebosh and Iosh and also trains :)

 

However, if employing 5 or less, I believe the "Risk assessment" does actually not need to be recorded :)

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Hello,

Thanks for adding me!

My question is (and I have tried researching here and others) before asking, so can anybody please clarify, when a RTW has to be completed by, basically my wife has been back at 4 days and still has not been approached to have one.

Is there a time limit for instance, that if her employer has not completed by, then it becomes null and void and the 2 weeks sickness cannot be added to her records. (I only ask as this is "hearsay" at the moment)

 

 

Regards,

 

 

Dave

 

Definitely hearsay. I've never had a return to work interview in my life and there's no legal requirement for one - the sickness absence will just be logged.

 

It's probably a compliment that the employee felt one wasn't needed - my view is that return to work interviews are usually reserved for persistent intermittent absences to prevent malingering, or for long term absences where work adjustments may need to be made.

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