Overview

The Employment Retention Bill introduces a statutory right to an employment retention assessment for disabled employees, leading to potential entitlement to rehabilitation leave. This allows for time off to aid recovery, retraining, and workplace adjustments.

Description

Employment Retention Assessment

The bill amends the Employment Rights Act 1996 to include a new Part 8B. It mandates the Secretary of State to create regulations outlining conditions for eligibility and the nature of the assessment, to be conducted by an approved healthcare professional.

Rehabilitation Leave

Regulations will define the conditions under which disabled employees, following a positive assessment, can take rehabilitation leave. This leave covers rehabilitation, retraining, and enabling workplace adjustments. The regulations will determine the duration and timing of this leave.

Employee Rights During and After Leave

During rehabilitation leave, employees retain most employment benefits and obligations, except where inconsistent with the leave itself. Upon return, they're entitled to a prescribed type of job.

Complaints to Employment Tribunal

Employees can complain to an employment tribunal if their employer unreasonably delays or prevents rehabilitation leave. The tribunal can issue a declaration and/or award compensation.

Interpretations

The bill defines "disabled employee" as per the Disability Discrimination Act 1995 and borrows definitions of "employment retention assessment" and "healthcare professional" from the Welfare Reform Act 2007.

Government Spending

The bill doesn't specify direct government spending figures. However, costs will arise from administering the new regulations, processing tribunal complaints, and potential compensation payouts.

Groups Affected

• Disabled Employees: Potentially benefit from a statutory right to rehabilitation leave and support in returning to work.
• Employers: Will have new legal obligations regarding assessments and leave, potentially incurring costs associated with adjustments and temporary staffing.
• Healthcare Professionals: May be involved in conducting assessments, leading to increased workload.
• Employment Tribunals: Will handle complaints related to the new legislation, leading to potential increases in caseloads.

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