Is it usual for an employee on a phased return after a critical illness to be paid only for the hours worked? In addition, should the employee be asked to use their untaken holidays to bridge over the gap in salary? Would this not contravene Working Time Regulations?Posted in : First Tuesday Q&A NI on 4 December 2012
An employer must always firstly consider the contractual provisions which apply to the employee in these circumstances, as the employment contract or handbook may contain provisions about phased return.
The recent case of Newcastle upon Tyne Hospitals NHS Foundation Trust v Mrs Bagley (2012) considered this matter of pay and phased return. Mrs Bagley was a full time radiographer, but following an accident at work she became disabled and commenced long term sick leave. Mrs Bagley eventually returned to work on a phased return on light duties and was paid for the hours she actually worked.
Already a subscriber?
Click here to login and access the full article.Log in now to read the full article
Don't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.
Help understand the ramifications of each important case from NI, GB and Europe
24/7 access to all the content in the Legal Island Vault for research case law and HR issues
Ensure your organisation’s policies and procedures are fully compliant with NI law
Receive free preliminary advice on workplace issues from Maxine Orr, Partner at Worthingtons Solicitors
Back to Q&A's This article is correct at 02/09/2015
The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.