Light duties at work

From time to time, people in your workforce may get injured or experience ill-mental health and need time off work to recover. But sometimes it can take a while for an individual to reach full health again and is able to carry out their role at work as usual. Especially in industries such as construction, cleaning and distribution.

This is where light duties at work come in. Light duties are used by many companies to supplement normal job duties until the employee is fit enough to return to work.

Hopefully, this doesn't happen often, but it is likely to happen at some point. So, when it does, it's important to be prepared and understand what this means for your organisation.

This article will cover light duties at work in more detail including what light duties are, what is classed as a light duty job and the legal position around these circumstances.

What are light duties at work?

Light duty work allows employees to return to employment after an injury when they are still in the process of recovery.

Instead of waiting till an employee has made a complete recovery, which can take months in some cases, the medical professional can issue a fit note with certain working limitations.

Light duties sick note

A light duties sick note, also known as a fit note, will detail if an individual is fit for work or not. The note will also detail the duties the individual isn't able to carry out, and whether they might require light-duty work. It can also be used to show eligibility for any contractual or statutory sick pay.

Light duties at work are temporary positions that comprise less mentally or physically demanding tasks. This role is created by the organisation and, if possible, will last until the individual is fit enough to return to their normal job duties.

Light duty jobs allow the individual to return to work safely, whilst protecting their injury from worsening. All light-duty roles should be considered on a case-by-case basis; what works for one person, might not always work for other members of the workforce.

Do employers have to offer light-duty work?

Organisations are not obliged to offer light-duty work. There may be some instances where there are no suitable role alternatives to offer.

Light-duties should be offered based on the individual's requirements, but they should also simultaneously take into consideration the overall needs of the organisation.

For a light-duty position to be created, it must be for the benefit of both parties. And this entirely depends upon if there are alternative work duties available. For smaller organisations, light-duty responsibilities may not be available.

For example, if you carry out work in manual labour, there may not be any other duties your organisation can offer that would be suited to your physical abilities at that time.

Light duties and the Equality Act

In some cases, injuries may be classed as a disability under the Equality Act (2010). The Equality Act protects workers from discrimination because of their disability and makes it a legal requirement that an organisation considers reasonable adjustments to the working environment where required. These adjustments could include:

• Flexible working hours

• Changes to the working environment

• Regular breaks

• Adjustments to responsibilities

Consider if an injury falls under this category and think about the reasonable adjustments you can make to roles if required.

When would an employee be offered light-duty work?

Your people should be offered light-duty work based on the fit note given by a medical professional The note will detail exactly what restrictions the individuals' health imposes on their ability to perform their regular duties.

An example could be if an individual has a back injury that limits their capacity to undertake their usual tasks as a cleaner, they may be offered different responsibilities until the injury heals. The medical professional may recommend that the member of the workforce doesn't do any lifting or bending and tries to remain seated as much as possible.

In this instance, the employer may offer desk job responsibilities such as administrative tasks until the employee is physically able to carry out their duties again.

In some cases, light duties can also be agreed upon by the individual and the organisation without the need for a fit note.

An employee is not physically able to do their job – what should I do?

You’ll need to explore how you can support the individual – which may include creating an action plan to help them return to work, which may also involve providing reasonable adjustments.

Some duties are, in their nature, physical. If an individual is unable to carry out the physical duties in their role, it’s worth exploring alternative roles that they might be able to perform. This may also involve providing additional training so that they are able to make this transition.

When reasonable adjustments aren’t working

If reasonable adjustments have been made but aren’t resolving the issue, then it’s worth discussing what else can be done. No matter what, it’s always important to follow a fair process. Dismissal should only be used as a last resort, and reasons must be explicitly clear for the individual. It’s good practice to consider offering support, such as referrals for a new role elsewhere, garden leave to give them time to find additional support and/or employment.

It's worth consulting with government guidelines on dismissing members of the workforce due to illness, your HR department or an employment law firm to find out the best way to navigate this.

What is considered as light duty jobs?

Light duty work is often less physically or mentally demanding than an individual's regular workload. The medical professional may note certain restrictions on the tasks an individual can carry out such as no heavy lifting and no driving or sitting stationary for long periods of time. Examples of light-duty jobs include:

• Providing training to team members

• Changing from physical work to office-based duties

• Checking stock

• Equipment maintenance

• Working a desk job

• Carrying out administrative responsibilities

• Supporting health and safety developments

Assigning light duties at work

Assigning light duties in the workplace should only occur if a fit note from a medical professional advises or if there has been an agreement made between the organisation and its people. To prepare for these circumstances then it can help to introduce a business policy, so you have a clear procedure in place, especially if your workforce is exposed to a higher risk of injury.

The policy should outline who is responsible for arranging light duty work, potential light work responsibilities and the process of agreement with the individual. Remember to consider both the organisations and the individual's needs.

HA | Wisdom Wellbeing can support you with light duty work

If you're still unsure about light duty work, or you need help considering alternative responsibilities when the situation arises, then we're here to help.

At HA | Wisdom Wellbeing, our legal experts have years of experience in work-related legalities. We can help you decide if light duty work is an option for your organisation and draft a business policy, so you're prepared in case an injury occurs. Get in touch with one of our team today on: 0800 206 2533

Frequently Asked Questions

*Do I need a doctor's note for light duties? *

Yes, you’ll need a doctor’s note to be able to conduct light duties at work (also known as a ‘fit note’). The note will need to specifically state what limitations your current health may have against performing your role to its capacity. With this, your organisation will have what they need in order to assign light duties. They may also have something about this detailed in their handbook, so it’s worth consulting it whilst you navigate getting your fit note.

Employer refusing light duty work – what should I do?

While organisations aren’t always required to offer light duties, they do have a legal duty of care to ensure the wellbeing of their people. They also have to make reasonable adjustments under the Equality Act 2010 against protected characteristics such as a disability. ACAS may be able to support if you feel you meet the requirements for light working duties and your organisation is refusing to help.

If you are a member of senior or organisational leadership and you’re unsure whether the individual qualifies for light duties, it may be worth discussing with an HR professional or advice line.

Can you work overtime while on light duty?

While there’s no law against an individual working overtime whilst on light duty, it’s not advised to do so. This can make being on light duties redundant, as the aim of light duties is to facilitate an accommodation to help the individual recover.

If an individual expresses interest in working overtime, it’s important to advise that you have a duty of care for their wellbeing and would rather they focused on working their contracted (or pre-agreed light duty) hours. It’s important to stipulate this in writing too so that there is a trail of this.

What happens if there are no light duties at work?

If, as an organisation, you are unable to offer light duties due to the type of work the individual is hired for, then that person may be deemed unfit for the position. You’ll need to consider what accommodations could be made (such as reduced or condensed hours or alternative work). There is no legal obligation to offer light duties, but you do have an obligation under The Equality Act 2010 to make adjustments – particularly for disabled employees.

As a last resort, particularly if the individual is absent for a long period of time due to ill-health, there may be grounds for dismissal. You’ll need to follow the correct disciplinary procedures, which you can find out more about on the Citizen’s Advice site.