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?

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. It was the Trust's policy only to pay for the hours worked during a phased return, and only to pay