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Case Studies

Workplace

 

Case Study 1 - Workplace

The Challenge

An employee (a chef) was diagnosed with a chronic musculoskeletal disorder.  The main barrier to recovery was a psychological issue. Both his GP and specialist stated he would never work again. The employee was protected by the DDA and was entitled to a full incapacity award.

The Solution

HRM and the client’s lawyer worked together to advise on clinical and legal issues. HRM arranged an independent assessment.

The Outcome

HRM and the client’s lawyer advised partial incapacity award

Savings c. £70,000

 

EAT (Employment Appeals Tribunal)

 

Case Study 2 - EAT (Employment Appeals Tribunal)

The Challenge

An employee was assessed by a major OH player as being unfit for duties of FLT driver. The employer offered the employee alternative duties, and the GP stated the employee was fit to work. However, the employee refused alternative duties. The employer stated option of dismissal on capability or incapacity.

The employee chose incapacity then went to EAT for unfair dismissal. The employee collapsed during the tribunal.  At a second sitting EAT stated that it was now also a DDA case. The employer lost the DDA case.

The Solution

HRM was called upon to mitigate compensation. HRM collated medical evidence to prove employee was unfit to work as an FLT Driver and unfit to work for any length of time due to rapid deterioration of medical condition. HRM used expert witness at tribunal.

The Outcome

Employee awarded £12,500

Saving £87,500

 

EL (Employers Liability)

 

Case Study 3 - EL (Employers Liability)

The Challenge

An employee injured at work was absent for six years. The Employee and the Union wanted Incapacity. HRM was asked to assess the case.

The Solution

HRM found employee was actually fit to work via an Expert Independent Assessment

The Outcome

After initially disputing the case, the employee agreed to a compromise agreement of £6,000 and left the business. HRM was prevented from contacting the EL administrator who had paid £183,000 to the employee in ignorance of the fact that he had fully recovered from the injury.

 

Long Term Disability/Permanent Health Insurance/Incapacity or Similar

 

Case Study 4 - Long Term Disability/Permanent Health Insurance/Incapacity or Similar

The Challenge

Employee, age 53, claimed injury at work for a back problem. Employee’s GP and pain management specialist both stated he would not be able to return to his normal duties or modified duties. The employee made an EL claim and asked for incapacity. HRM asked to assess and manage the case.

The Solution

HRM sent employee for an independent assessment. The assessment identified that this employee could be rehabilitated back to full function. The employer agreed to pay for a FROG programme. The employee's lawyer protested, stating that he was receiving appropriate treatment locally. HRM demonstrated that the treatment proposed was very different from the treatment he was receiving as organised by his GP. The employee refused to participate in programme.

The Outcome

The employee was refused incapacity on the basis that he could be rehabilitated. The EL claim was quashed. Saving c. £200,000

Long Term Disability/Permanent Health Insurance/Incapacity or Similar

 

Case Study 5 -Long Term Disability/Permanent Health Insurance/Incapacity or Similar

The Challenge

The employee was referred by a Major UK insurer who was paying the employee Income Protection payments. The employee had been absent from work for more than two years. HRM assessed the employee who was in his early 20s and wanted to work.

The Solution

HRM discussed the assessment with the major insurer, the employee and his employers. The employee went on a FROG Programme to learn coping strategies and beneficial exercise. With the assistance of HRM, the employee and his employers began a phased return to work to try the new strategies.

The Outcome

The employee gradually increased his hours and physical activity with full support from HRM and the FROG Team. The employee returned to work with savings to the insurer in excess of £300K. The savings to the employee in terms of health and lifestyle values were immeasurable as he again has a quality of life greater than expectations.

Long Term Disability/Permanent Health Insurance/Incapacity or Similar

 

Case Study 6 - Long Term Disability/Permanent Health Insurance/Incapacity or Similar

The Challenge

The employee had received 20 sessions of osteopathy with no benefit for back pain. The line manager referred the employee for case management. HRM assessed the employee over the phone and established that although there was a common physical problem the main issue was psychological.

The Solution

HRM referred the employee to an orthopaedic physician practitioner in bio-psychosocial medicine. He confirmed that the problems were being maintained by a psychological problem and recommended a FROG programme. HRM briefed the clinicians involved and, following a multidisciplinary assessment, a programme was designed around the specific needs of the employee. The programme was provided for two days per week over four weeks and consisted of both physical and psychological elements.

The Outcome

The employee remains at work and has had no further absence.

Careline

 

Case Study 7 - Careline

The Challenge

An employee called the HRM Careline with regard to an episode of acute back pain, which was preventing him from working. The employee stated that he had seen his GP and had been advised to rest and avoid ‘dangerous’ activity.

The Solution

HRM identified risk factors that indicated that this problem may become chronic if not dealt with immediately. HRM arranged physiotherapy treatment and, in conjunction with the physiotherapist, addressed the risk factors.

The Outcome

HRM established a phased return to normal duties with his employers. Employee returned to work within a much shorter period of time than if these risk factors had not been addressed.

Case Study 8 - Careline

The Challenge

The employee called the HRM Careline with persistent knee pain, following an injury several months earlier. The employee stated that he was still at work, but concerned he may have to go off sick, as he was struggling to manage his knee problem.

The Solution

HRM assessed that he may have some internal damage to his knee. HRM arranged an appointment with a specialist who confirmed that he would need surgery to resolve the problem. The employee underwent surgery and rehabilitation organised in a prompt timescale by HRM.

The Outcome

The employee returned to work and can once again manage all his normal duties. The employee is no longer at risk of going off sick or losing his current employment.