Overview

The Employment Retention Bill aims to create a new statutory right for disabled employees to receive an employment retention assessment, leading to potential rehabilitation leave to help them stay in their jobs following a disability or change in impairment.

Description

This bill amends the Employment Rights Act 1996. It introduces a new right for disabled employees (as defined by the Disability Discrimination Act 1995) to an "employment retention assessment." This assessment, conducted by an approved healthcare professional, will determine eligibility for rehabilitation leave.

Rehabilitation Leave

Rehabilitation leave can be used for rehabilitation, retraining, and to allow employers to make reasonable adjustments to the employee's working conditions. The bill allows the Secretary of State to set regulations determining the length and timing of this leave.

Employee Rights During and After Leave

During rehabilitation leave, employees retain most employment benefits and conditions. They are also entitled to return to a prescribed type of job.

Complaints to Employment Tribunals

If an employer unreasonably delays or prevents rehabilitation leave, the employee can lodge a complaint with an employment tribunal. The tribunal can issue a declaration and award compensation.

Government Spending

The bill doesn't specify the exact cost to the UK government. However, it will likely involve costs associated with developing and administering the new regulations, processing tribunal complaints, and potentially providing any support for assessing employees and their eligibility for leave.

Groups Affected

• Disabled Employees: This bill directly benefits them by providing a statutory right to an assessment and potential rehabilitation leave, enabling them to remain employed.
• Employers: Employers will have new obligations to facilitate assessments and potentially provide rehabilitation leave. They may also face costs associated with adjustments to the workplace and possible tribunal compensation claims.
• Healthcare Professionals: They will be involved in carrying out the assessments, requiring training and potentially additional work.
• Employment Tribunals: They will handle complaints related to the new right to rehabilitation leave, increasing their workload.

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