Temporary redeployment following sick leave

Temporary redeployment following sick leave

When an employee returns from long-term sick leave, they may not be ready to resume their full duties straight away. One option is temporary redeployment to a role with alternative duties. What should you consider when exploring this option?

Why consider redeployment?

To enable an employee to return to work from sick leave following a long-term illness or injury, you may need to explore such options as a phased return to work, altered working hours, amended duties or workplace adaptations. Indeed, these temporary alterations may have been recommended by the employee's doctor on the fit note (although they aren't binding on you). You may be able to make suitable alterations to the employee's current role. However, if you can't accommodate alterations to that role or they wouldn't be suitable, you might have to consider whether they could be temporarily redeployed to an alternative role, such as one with lighter duties.

Tip. You don't have to create a new alternative role, so just do what you can reasonably do. This might mean the employee remaining on sick leave if no suitable alterations can be made to their current role and there's no alternative role available. Document your decision-making process.

Temporary redeployment can help an employee rebuild their confidence and stamina and reduce the risk of relapse. Plus, if they are not fit to resume their normal duties safely, placing them in an alternative role may mean you comply with your duty to ensure their health and safety.

Tip. Temporary redeployment may also be a reasonable adjustment for a disabled employee.

Temporary redeployment agreement

You can only temporarily redeploy an employee to an alternative role with their express consent. So, where the doctor has indicated on the fit note that the employee may be fit for work if alterations are made, arrange a meeting with them to discuss the options for a return to work, including whether temporary redeployment may be appropriate. Aim to agree a return-to-work plan and make sure you: (1) confirm the date on which they are to return to work in the alternative role; (2) clarify that the alternative role is only temporary - you don't want any misunderstanding here; (3) set an expected end date for the alternative role; and (4) set out any consequent temporary changes to other terms and conditions, e.g. to reduced salary for working lesser hours or to a lower grade job. Confirm the agreed terms in writing.

Tip. Consider whether the alternative role needs to include reasonable adjustments, such as special equipment, a phased return or homeworking.

Tip. Once the employee has returned, check in regularly with them to see how they are coping and whether the arrangement is still working. Then review at the expected end date. Options at that stage include the employee being fit to resume their original role (perhaps with adjustments in place) or temporary redeployment being extended.

Pay protection?

If an employee is to work fewer hours or perform different duties in the alternative role, you can normally pay them the salary that relates to that role. However, if they are disabled, temporary pay protection might be a reasonable adjustment. It's more likely to be a reasonable adjustment for larger employers with significant financial resources.

Consider whether you have a suitable alternative role available but you don't have to create a new role. You should then have a meeting with the employee to agree a return-to-work plan, making clear the alternative role is temporary. Ensure they consent to the role and to any consequent temporary changes to their employment contract.

Kelly Anstee