Overview

The Employment Retention Bill aims to provide disabled employees with a statutory right to an employment retention assessment, enabling them to access rehabilitation leave to help them remain in their jobs following a disability or change in their condition. The bill introduces new processes for assessments, leave entitlements, and employer obligations, as well as mechanisms for dispute resolution.

Description

Employment Retention Assessment

The bill mandates that the Secretary of State create regulations outlining the conditions under which a disabled employee is entitled to an employment retention assessment. This assessment will be conducted by an approved healthcare professional.

Rehabilitation Leave

Regulations will define the conditions under which a disabled employee, following a positive assessment, can take rehabilitation leave. This leave can be used for rehabilitation, retraining, and to allow employers to make reasonable adjustments to the employee's work. The regulations will also specify the duration and timing of this leave.

Employee Rights During and After Leave

During rehabilitation leave, employees retain most employment benefits and remain subject to their employment contract, except where inconsistent with the leave itself. They are entitled to return to a prescribed type of job after the leave.

Complaints and Tribunals

The bill allows employees to complain to an employment tribunal if their employer unreasonably delays or prevents them from taking rehabilitation leave. Tribunals can issue declarations and award compensation if the complaint is well-founded.

Definitions

The bill defines "disabled employee," "employment retention assessment," and "health care professional," drawing upon existing legislation.

Government Spending

The bill doesn't specify exact figures for government spending. However, costs will be incurred in the creation and administration of the new regulations, the employment tribunal process, and potentially in supporting the assessments themselves.

Groups Affected

• Disabled Employees: Potentially benefit from a statutory right to assessment and rehabilitation leave, aiding their continued employment.
• Employers: Will face new obligations related to assessments, leave, and potential tribunal claims. Costs may increase for some.
• Healthcare Professionals: May be involved in conducting the assessments, requiring additional training or resources.
• Employment Tribunals: Will likely see an increase in cases related to this new legislation.

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