The Department for Work & Pensions alongside the Department for Health & Social Care have published their consultation proposal to reduce ill-health related job loss. This consultation feedback needs to be returned by 7 October 2019. This consultation forms a part of the vision which was set out in the Good Work Plan, published in December 2018 by the Government, which looked at ways of implementing the recommendations from the Taylor Review of Modern Working Practices. The Government has published several documents prior to the Good Work Plan such as Prevention is Better than Cure and Improving Lives: the future of work, health and disability which envision ways to improve employee health and wellbeing and accessibility to work for disabled people.
Overview
The DWP suggests that employers need Government support to create employment success opportunities for disabled individuals and those with long term illnesses. This could be through improved accessibility or flexibility to work. To achieve this, the DWP suggest that the Government work with employers and supply information and advice to them about how to improve the occupational health of their employees and look at ways to financially support smaller businesses so they can have access to improved occupational health. The DWP recognises that there are differences in the capacity for larger and smaller businesses to improve their occupational health. The consultation proposes measures that employers can take to improve the health and wellbeing of their employees. The proposal aims to increase the support that the Government can give to employers so that more measures are taken to encourage early support for those with health conditions.
The consultation covers four areas outlining what employers as well as the Government should do to take steps towards reducing ill health-related job loss:
- Change to support people with health conditions to remain in work;
- Changes to the legal framework to set clear expectations of employers’ responsibilities towards their employees;
- Improve access to high quality, cost-effective occupational health (OH) services for employers and self-employed people;
- Provide employers with the advice and support they need to understand, and act on, their responsibilities.
Change to support people with health conditions to remain in work
There are a number of factors which influence the type (if any) of support employers offer their employees to manage their health conditions or return to work from sickness. Some barriers that were identified for employers giving support are resource constraints, limitations of SSP, lack of awareness and accessibility to Occupational Health (OH) services.
The changes that employers can make to retain employees were early support and rehabilitation for those with a health condition or during sickness, workplace modifications including phased returns to work, adequate time off to recover and sick pay and advice from OH experts.
Changes to the legal framework to set clear expectations of employers’ responsibilities towards their employees
Legal frameworks such as the Equality Act 2010 and the Health and Safety at Work Act 1974 places the responsibility on the employer to make reasonable adjustments to protect health and avoid work inaccessibility for disabled people. However, there are gaps in the law where some employees with health conditions will only receive the minimum support from their employer and thus may be dismissed before efforts to return them to work occur.
The Government is suggesting changes to the legal framework to encourage early and sustained employer support including the right to request workplace modifications for employees not covered in the Equality Act 2010, better guidance for employers to encourage early support for sick employees and reforming SSP to accommodate for flexible working following sick absence.
Improve access to high quality, cost-effective occupational health (OH) services for employers and self-employed people
It is recognised that SMEs have lower access to OH advice and are five times less likely to invest in OH services. They also face resource and capital issues with regards to supporting staff especially after long term sickness. The Government is seeking advice through this consultation to look at the viability of financially supporting SMEs to purchase OH services. The OH services market will need to respond to this demand in terms of improving innovation and developing quality standards.
Provide employers with the advice and support they need to understand, and act on, their responsibilities
The measures stated in the above sections are only going to be effective if they are complemented with good quality advice and information. Current advice and guidelines are available however, they are not ‘user-friendly’ and often fragmented. The Government could provide information such as general advice on employer’s obligations, examples of good practice, advice on sickness absence management and retention and what forms of medical evidence can be used to manage sickness absence.
Questions from the DWP
The consultation includes 56 questions of which not all have to be answered but would need to be returned by 7 October 2019. One area in particular that the Government would like views on is how targeted efforts to reduce the cost barrier for SMEs could be effective in helping them to access quality OH services. Other questions ask about what general support and information should be provided by the Government to best advise employers on how they can support their employees wellbeing and in returning to work after sickness absence.