1
Light duties and reduced hours policy - uniformed staff
Introduction
1.1 The Authority accepts that light duties can play a beneficial role in the rehabilitation of employees to full duties following illness and/or injury. Where an employee is covered by the Equality Act, a period of light duties can be a reasonable adjustment.
1.2 There is no entitlement for an employee to work light duties. The Authority will determine whether it can sustain an employee working light duties, given all the circumstances of the case, in particular the length of time before the employee is anticipated to be fit for full duties, and the nature of the duties that can be undertaken, as advised by the MA. Where the Authority
determines it cannot sustain an employee working light duties, the employee will need to follow the normal sickness reporting procedures in order to receive sick pay. Indefinite long-term light duties working are not sustainable by the Authority.
Definition
1.3 The term ‘light duties’ means duties undertaken temporarily by a uniformed operational
employee which are not the employee’s full contractual duties, where the employee is medically unfit to perform their full contractual duties, as confirmed by the Authority’s medical adviser (MA).
Light duty process
1.4 The Authority will consider light duties working by an employee when the MA advises they are not fit for full duties, but are fit for some duties of their role map. The MA will advise which duties the employee is considered fit/unfit to perform, and, if appropriate, any working pattern the employee is considered fit/unfit to work.
1.5 In these situations the MA will provide medical advice as follows:
• The time period, over which the employee is anticipated to be fit for full duties, which may be subject to medical review.
• A rehabilitation programme for the anticipated period of light duties leading up to full duties. 1.6 The manager will then determine whether or not it can sustain the employee working light duties
noting the following:
• Every case will be managed individually, based on the specific circumstances of the case, including if the employee has a disability.
1.7 As a norm:
• Light duties will be sustainable where the employee is anticipated to be fit for full duties within a period of three months or less (not including previous sickness).
• For firefighters and crew managers, light duties will be sustainable where the employee, as a minimum, is fit to undertake outside community safety activities commensurate with their role. • For watch managers, light duties will be sustainable where the employee, as a minimum, is fit
to undertake fire/community safety, or other specialist duties, commensurate with their role. • For FDS officers, light duties will be sustainable where the employee, as a minimum, is fit to
1.8 A manager at no lower than deputy assistant commissioner level, in consultation with HRD Employment Relations, will need to approve light duties working arrangements which fall outside the parameters outlined in paragraphs 1.6 and 1.7 above.
1.9 The manager may terminate light duties working at any point, in consultation with the MA, where the employee is not meeting the anticipated rehabilitation programme and/or it becomes clear that the employee will not be fit for full duties within the normal sustainable three month period and/or there are other substantive reasons for terminating the light duties placement. Where a light duty arrangement is terminated, the manager will confirm this in writing to the employee, with reasons as appropriate, and specifying the date when the light duty arrangement terminates. 1.10 Where the manager has determined that light duties working can be sustained, this will be
discussed with the employee; and the duties to be undertaken, the working pattern, and the rehabilitation programme will be confirmed in writing to the employee, and copied to the PRF. 1.11 Staff working light duties should be reviewed by the MA at least every 4-6 weeks.
1.12 Managers (including watch managers) may place an employee on light duties pending advice from the MA where there is concern over the employee’s fitness to perform full duties. In these cases the employee will be referred to the MA as a matter of urgency.
Light duty working pattern and location
1.13 The line manager will determine the working pattern and location of the light duties. For
firefighters, crew and watch managers, the working pattern will normally be day duties, working in a specified location within the Operations, Prevention and Response Department, or specialist department. Generally, station-based staff may work light duties at a fire station following the watch for up to two tours immediately prior to resuming full duties. General guidance for station- based staff is as follows, although each case should be managed on its merits, and line managers are entitled to vary this:
• Up to 1 month sickness: No light duties following the watch prior to resuming full duties. • 1 month-3 months sickness: Up to one tour of light duties following the watch prior to
resuming full duties.
• More than 3 months sickness: Up to two tours of light duties following the watch prior to resuming full duties.
Line management responsibility
1.14 A designated line manager at no lower than station manager or equivalent level will have responsibility for managing and monitoring a light duties placement through to resolution, including finalising the rehabilitation programme, and ensuring this is being met. This will include holding a monthly review of the case, informed by the advice from the MA.
Pay during periods of light duties
1.15 Employees will receive full pay for the first six months of light duties (including any period of reduced hours – see paragraph 1.16 onwards) in any rolling 12 month period. Thereafter, with the employee’s agreement, periods of light duties will be paid at 90% of normal pay. If the employee does not agree to be paid at 90% of normal pay after six months on light duties, the light duties period will be ended. Any variation to these arrangements has to be agreed by a manager at no lower than deputy assistant commissioner level, in consultation with HRD Employment Relations. No reduction in pay will be made where an employee is within their last twelve months of service due to retirement. In cases where an employee is medically retired and
Reduced hours
1.16 The Authority accepts that there may be cases where reduced hours working can play a beneficial role in the rehabilitation of employees to full-time working following illness and/or injury. Where an employee is covered by the Equality Act, a phased period of reduced hours working, building up to full-time working, can be a reasonable adjustment.
1.17 General guidance in relation to reduced hours working is as follows:
• Reduced hours working may be sustainable for the Authority where this is part of a
programme of a return to full-time duties within a 6 week period, and the MA has confirmed that reduced hours working will be beneficial in the rehabilitation of the employee. The MA shall confirm that, in their view, the employee will be fit to return to full-time duties within 6 weeks (which may initially be full-time light duties), otherwise reduced hours working may not be accepted by the Authority, and the employee will need to follow the normal sickness reporting procedures in order to receive sick pay.
• Subject to medical advice, the Authority will normally agree reduced hours each day, and not ‘reduced days’. The number of weekly reduced hours the employee is fit to undertake will then need to be spread over each day of the working week.
• The line manager will determine the minimum sustainable level of reduced hours working over the phased return to full-time working. The hours worked must increase incrementally, and proportionally, over the reduced hours programme until full-time working is achieved. • Where a programme of reduced hours working is agreed by the line manager, the manager
will discuss this with, and confirm this in writing to, the employee.
• The line manager will monitor the return to work plan on a weekly basis, and may terminate a reduced hours working arrangement where the employee is not meeting the return to fulltime working plan.
• Periods of reduced hours working up to 6 weeks will be paid at full pay. Thereafter, with the employee’s agreement, the employee will be paid only for hours actually worked. If the employee does not agree this arrangement, and remains unfit for full-time working, the reduced hours arrangement will be ended, and the employee will need to follow the normal sickness reporting procedures in order to receive sick pay. A period of reduced hours working will be included in the six month light duties period paid at full pay, and will not be in addition. 1.18 Variations to the above arrangements have to be agreed by a manager at no lower than deputy
assistant commissioner level, in consultation with HRD Employment Relations.
1.19 Where, in the long-term, an employee is fit to undertake their whole range of duties only on a reduced hours basis (and ill-health retirement is not agreed/appropriate), employees may choose to apply for a variation in their working hours under Policy Number 504 - Variation in working arrangements.
Base posting
1.20 Employees on light duties, or a combination of sickness and light duties, for a period of 3 months or more, will lose their base posting (see Policy Number 211 - Non-availability for full duties - postings procedure).
Maternity issues
1.21 Employees undertaking light/restricted duties on account of pregnancy or other maternity related reasons will be supported by line managers, guided by medical advice where appropriate. In other respects these employees will be outside the scope of this policy.
Note: Unless otherwise stated, ‘manager’ is at least at station manager level, or equivalent as appropriate.
2
Reduced hours policy - FRS/control staff
2.1 The Authority accepts that there may be cases where reduced hours working can play a beneficial role in the rehabilitation of employees to full-time working following illness and/or injury. Where an employee is covered by the Equality Act, a phased period of reduced hours working, building up to full-time working, can be a reasonable adjustment.
2.2 General guidance in relation to reduced hours working is as follows:
• Reduced hours working may be sustainable for the Authority where this is part of a
programme of a return to full-time duties within a 6 week period, and the MA has confirmed that reduced hours working will be beneficial in the rehabilitation of the employee. The MA shall confirm that, in their view, the employee will be fit to return to full-time duties within 6 weeks, otherwise reduced hours working may not be accepted by the Authority, and the employee will need to follow the normal sickness reporting procedures in order to receive sick pay.
• Subject to medical advice, the Authority will normally agree reduced hours each day, and not ‘reduced days’. The number of weekly reduced hours the employee is fit to undertake will then need to be spread over each day of the working week.
• The line manager will determine the minimum sustainable level of reduced hours working over the phased return to full-time working. The hours worked must increase incrementally, and proportionally, over the reduced hours programme until full-time working is achieved. • Where a programme of reduced hours working is agreed by the line manager, the manager
will discuss this with, and confirm this in writing to, the employee.
• The line manager will monitor the return to work plan on a weekly basis, and may terminate a reduced hours working arrangement where the employee is not meeting the return to full- time working plan.
• Periods of reduced hours working up to 6 weeks will be paid at full pay. Thereafter, with the employee’s agreement, the employee will be paid only for hours actually worked. If the employee does not agree this arrangement, and remains unfit for full-time working, the reduced hours arrangement will be ended, and the employee will need to follow the normal sickness reporting procedures in order to receive sick pay.
2.3 Every case will be managed individually, based on the specific circumstances of the case, including if the employee has a disability. Hence in disability-related cases, the reduced hours’ period on full pay may be extended for a short period where appropriate. In such cases, advice should be sought from HRD Employment Relations. Any variations to the general guidance in paragraph 2 have to be agreed by a manager at no lower than DAC/FRSG/ principal operations manager level, in consultation with HRD Employment Relations.
2.4 Where, in the long-term, an employee is fit to undertake their whole range of duties only on a reduced hours basis, employees may choose to apply for a variation in their working hours under Policy Number 504 - Variation in working arrangements.
3
Reasonable adjustment and redeployment - uniformed staff –
guidance for managers and staff
Background
3.1 There have been a number of important legislative changes since the autumn of 2004 that directly affect the ill-health retirement process in the fire service. There were three important changes to Firefighters’ Pension Scheme (FPS), effective from 13 September 2004.
(a) The first of these changes was a clarification of the definition of ‘permanent’ in respect of medical disability. This is now defined (following the removal of the compulsory retirement age in November 2005) as disabled until normal pensionable age (i.e. to age 55).
Previously the Brigade’s medical adviser had applied a ‘for the foreseeable future’ criterion, meaning disabled for the next 3-5 years.
(b) The second change was the requirement for consideration of ill-health retirement to be referred to an independent doctor qualified in occupational health.
(c) All cases for consideration of ill-health retirement are now, therefore, referred to an Independent Qualified Medical Practitioner (IQMP) for an opinion.
(d) The third important change was to the definition of ‘regular firefighter’ within the FPS. In essence this required that uniformed staff be assessed for duties commensurate with their current role, not just operational firefighting. This enabled the medical adviser to
determine that an individual was ‘fit for current role’ in place of the previous definition of ‘fit for full firefighting duties’.
3.2 Following the closure of the FPS to new entrants and the introduction of the New Firefighters’ Pension Scheme (NFPS) on 1 April 2006 and the subsequent publication of the Compensation Regulations, the same criteria apply to NFPS members. The only difference is that the definition of ‘permanent’ for NFPS members must be until age 60 (normal pensionable age for NFPS). 3.3 A further important legislative change was the application of the Equality Act to the fire service
with effect from 1 October 2004. The effect of this, inter alia, is a requirement upon the Brigade, in cases where an individual is unfit to undertake the full duties of their current role, to consider whether there are (1) reasonable adjustments that could be made to enable an individual to remain in his/her current post or (2) if there is a suitable vacant post within the Authority that the individual is medically fit to undertake and is qualified to do (with reasonable training if
necessary).
3.4 There is a further, more recent change to the FPS that has a financial impact on the ill-health retirement process. Previously, all of those retired on grounds of ill-health, received an ill-health boost (added years). With effect from 1 April 2006 a two-tier arrangement became effective with respect to ill-health pension awards. An ill-health boost will not now be awarded where the IQMP considers that an individual is able to undertake any full time employment (‘full time’ has been defined by the Department of the Secretary of State for Communities and Local Government (CLG) as 30 or more hours per week).
3.5 In mid-2006 the CLG issued clarification of the meaning of ‘fit for role’; provided that an individual was fit to undertake at least one aspect of the role map, the definition of permanent unfitness, under the FPS, could not be satisfied.
3.6 In March 2008 this guidance, inter alia, was challenged in the High Court, where the challenge was unsuccessful (judgement given in May 2008). Leave was given to appeal the judgement and,
Appeal accepted that if a firefighter’s normal duties include operational firefighting, then that is the duty to be considered by the IQMP when considering permanent unfitness and ill-health retirement. However the Court also accepted that if alternative non-operational duties (i.e. redeployment or adjustments in role) can be offered to the employee, then the IQMP must also consider the redeployment, or adjusted duties, when considering permanent unfitness.
3.7 It is for these reasons that consideration of redeployment, and/or adjusted duties, is important for the Authority in the redeployment process.
The appeal process
3.8 In those cases where the IQMP does not consider that a disability meets the current definition of permanence (see above), the individual has the right of appeal against that decision to the Communities and Local Government (CLG). Appeals are heard by Boards of Medical Referees, currently administered by HML.
3.9 The same appeal process is available against the decision of the IQMP not to award an ill-health boost.
Pay protection on redeployment
3.10 In all cases, where individuals are unfit to fulfil their current role, every effort will be made to make reasonable adjustments to their current role or, where this is not possible, to attempt to find a suitable post within their current staffing group. Individuals will be required to attend a
redeployment meeting in advance of any referral to an IQMP and will further be required to consider reasonable redeployment opportunities. Individuals will remain subject to the
redeployment process, even if a referral to the IQMP has taken place, up until the IQMP opinion is received.
3.11 Where the above options are not possible, every effort will be made to find individuals a suitable post in a different staffing group. In such cases the Authority has agreed a redeployment package (contained in Committee Report FEP 747, see part 3 section 4). This provides for current pay, including subsequent pay increases, to be protected for a period of three years, after which time pay would revert to the rate appropriate to the current post. Further, individuals so redeployed would, almost without exception, be able to remain in the FPS.
3.12 Individuals whose fitness improves during the three year period or subsequently would be able to seek redeployment to a suitable uniformed operational post, subject to confirmation of their fitness for role by the medical adviser.