Overview

The Employment Retention Bill aims to establish a legal right for disabled employees to receive an employment retention assessment, which determines their eligibility for rehabilitation leave. This leave allows them time for rehabilitation, retraining, and workplace adjustments to help them retain their jobs after a disability onset or change.

Description

Employment Retention Assessment

The bill mandates that the Secretary of State create regulations defining who qualifies for an employment retention assessment and what such an assessment should entail. The assessment must be conducted by a government-approved healthcare professional.

Rehabilitation Leave

Regulations will set conditions for accessing rehabilitation leave, including its duration and timing. This leave is for rehabilitation, retraining, and enabling workplace adjustments. The employee maintains certain employment rights and benefits during this leave, including the right to return to a suitable job upon its completion.

Employment Tribunal

If an employer unreasonably delays or prevents rehabilitation leave, the disabled employee can file a complaint with an employment tribunal. The tribunal can issue a declaration and potentially award compensation for any losses incurred.

Definitions

The bill defines key terms such as "disabled employee" (aligned with the Disability Discrimination Act 1995) and "employment retention assessment" (using the definition from the Welfare Reform Act 2007).

Government Spending

The bill's financial implications are not explicitly stated in the provided text. The cost will depend on the implementation of regulations, the number of assessments, and potential compensation awards to employees. No figures are available in the provided text.

Groups Affected

• Disabled Employees: This group will directly benefit, gaining a legal right to an assessment and potential rehabilitation leave, supporting their continued employment.
• Employers: Employers will have new responsibilities for facilitating assessments and leave, potentially incurring costs. They may also face tribunal complaints and compensation awards if they don't comply.
• Healthcare Professionals: Healthcare professionals will be involved in carrying out the assessments.
• Employment Tribunals: These bodies will handle complaints related to rehabilitation leave.

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