New data published by the Department for Work and Pensions has revealed 87% of the 1,283,000 working age people currently receiving the standard daily living PIP payment would no longer be eligible following welfare reforms announced by the Chancellor in March.
The proposals divided opinion but it’s clear that, with 2.8 million people currently not working, we must change the way we manage long-term sickness. The ‘Pathways to Work’ paper set out various reforms, including changes to PiP eligibility and work capability assessments, however business also has a role to play.
It appears that the government is of the same belief and has been clear on its commitment to ensuring that employers are supported in providing a more accessible workplace in order to meet their ‘legal obligations’. But could businesses be doing more to keep people in the workplace, helping to better navigate the challenges posed by illness? And does current UK employment law legislation make this feasible?
Existing Employment Legislation
Employees are already protected by extensive legislation. The Equality Act prohibits less favourable treatment on the grounds of disability, which it defines as ‘a physical or mental impairment that has a substantial and long-term negative effect on the ability to do normal daily activities. The Act also requires employers to implement reasonable adjustments for disabled workers. There’s also the Health and Safety at Work Act which protects workers from the risk of injury or harm at work. It’s important that employers understand the scope of their legal obligations – any failings could have significant repercussions, impacting both their finances and their reputation.
Lack of support and failure to cultivate a caring and open culture ultimately leads to people exiting the workplace, believing themselves unable to continue in their role.
Often failings begin at pre-offer stage, before a role has even been awarded. Many old format job application forms still ask candidates to complete medical questionnaires, despite this being prohibited under the Equality Act with the exception of very specific and justifiable reasons for doing so. Instead, employers should only be asking about health or disability once a job offer is made – but even then, there is often a reluctance to disclose medical conditions at work particularly mental health conditions.
Mental Health Stigma In the Workplace
Despite all of the positive campaigns around mental health, there remains a stigma which can work against job seekers and employers alike. Thousands of people with manageable mental health conditions feel locked out of the workplace, while employers miss out on great talent.
The reality is, while there are undoubtedly unsupportive businesses that fall well below expected standards in managing mental health at work, many have built a positive culture and are comfortable providing flexibility and understanding to keep people in employment, supporting them through difficult times.
Further government investment to promote awareness around mental health and neurodivergence is essential if we are to break down barriers and get Britain working.
In my experience, employers are not averse to the recruitment or retention of people with mental health conditions – in fact, many find themselves in situations where long-serving employees develop medical conditions during their employment. Under these circumstances, employers seek support and advice not simply to tick the right legal boxes but because they want to retain valued staff.
Financial Implications of Long-term Sickness
However, we cannot ignore the financial impact of employing those with long-term medical conditions. Employers are understandably concerned about sick pay and the impact of covering periods of absence with agency staff or overtime.
We know that employees are inevitably unwell from time to time, and employers understand that sickness absence is an unavoidable cost for their business, yet many remain in the dark about the proactive steps they can take to manage sickness and absence levels.
There are various strategies businesses can draw upon to manage workplace illness, reducing the likelihood of employees exiting the workplace during difficult periods. Regular record keeping is essential, as are regular return to work meetings and Employee Assistance Programmes.
When it comes to reasonable adjustments, many employers are aware that they have a duty to provide them, but employers are rarely aware of support schemes like the Access to Work scheme, which provides grants and practical support for those with disabilities or medical conditions. They can make all the difference in supporting people to access and remain in work.
Employers often do not realise that workplace adjustments can be implemented with minimal to no cost.
Leading a Cultural Shift In Attitude
It’s encouraging that the government is now advocating for a cultural shift in employer awareness – coupled with this is a commitment to understand what can be done to assist businesses in supporting workplace adjustments. It’s important that in doing this work the government takes the time to speak with employers of all sizes and across multiple industries to build a representative picture of the current status quo.
This is very important because in order to ensure legal compliance there must first be awareness. This must go beyond simply telling employers what the law requires. A new strategy for tackling the huge number of people out of work should be created, with businesses contributing to the tactics to remedy the issue –a partnership approach.
Promoting Employer Support Packages
The government must also do more to promote existing support packages for employers, while assessing whether further financial assistance is necessary. This could include the reintroduction of statutory sick pay reclaim schemes for smaller businesses.
As for whether the current legislation goes far enough, as it stands the UK has some of the most comprehensive employment protections in the world. However, it will never be adequate, or remedy the issues at hand, without further investment to ensure employers have the support in place to ensure that those genuinely able to work can seek roles and remain in those positions.
Cultural change must be accompanied by financial assistance and awareness from the government if we are to see real change.
Chris is Managing Director of HR and Employment Law specialist, Avensure.