Help For Those With A Dis(abillty) Or A Health Condition In The Workplace

Laura Kearsley

Health & Disability White Paper

In the recent Spring Budget, the Government announced its Transforming Support: The Health and Disability White Paper (White Paper), which has outlined extensive reforms so that “more disabled people and people with health conditions live the independent and fulfilling lives they deserve” and “start, stay and succeed in work and have a better experience of the benefits system.”

In summary, the changes announced in the White Paper include:

  • Investments in employment support for those who are disabled and/or have health conditions. This would involve increasing work coach support across the country, with those with disabilities and health conditions having increased time with a work coach in Jobcentres. The Government is also proposing to extend the Work and Health Programme to September 2024 and implement a new In-Work Progression Offer to assist those in work who are on Universal Credit (UC) by increasing their wages and helping them move into better-paid roles.
  • In respect of the benefits system, the Work Capability Assessment (WCA) would be removed so that only one health and disability assessment is carried out – the Personal Independent Payment (PIP) assessment. This would mean that there would be no need to be found to have “limited capability” for work and limited capability to prepare for work to get additional income-related support for a disability or health condition. Thereby lessening the worries of claimants who lose their benefits after a reassessment.
  • The Government has proposed to replace the current Universal Credit Limited Capability for Work and Work Related Activity (LCWRA) financial top-up with a new UC health element, which will be provided to those receiving the UC standard allowance and any PIP element. The new UC health element would have a reward rate of the same amount as the current award to those people that have LCWRA. The Government has stated that this would ensure that “there is a safety net in place for the most vulnerable.”

The White Paper was written following a Green Paper consultation, in which the Government collated responses from over 4,500 people and organisations. The primary feedback received showed that many people with disabilities and health conditions want to work and felt that they could work, with adequate support.

The responses also showed that those with disabilities and health conditions are more likely to leave employment and then once they are out of work, are less likely to return.

Government plans to increase occupational health take-up

In addition to the above, the Chancellor, Jeremy Hunt, also announced during the Spring Budget that a pilot of an occupational health subsidy for small businesses would be expanded.

Similar to the above, the Government has said that it wants to support those with health conditions prior to them leaving their jobs, and recognised the important support that occupational health teams can provide to help with this.

The Government has stated that it intends to implement two new consultations on how to improve the availability and take-up of occupational health services. In addition, it will double the funding available via the small business subsidy pilot which was announced two years ago.

The Budget 2023 policy paper states:

“The government will consult on ways to boost UK occupational health coverage, including, for example, through regulations to require employers to provide occupational health services.

“The consultation will also consider a process of kitemarking and professional accreditation to assure the quality of occupational health services.

“To ensure occupational health providers can meet this increased demand for their services, the consultation will also consider the supply of occupational health professionals, including through the long-term workforce plan for the NHS.”

According to research carried out by the Department for Work and Pensions (DWP), roughly half of UK employees have access to occupational health services – lower than several other international comparators.

Further announcements included in the Spring Budget were:

  • Putting in place tailored employment support within mental health and musculoskeletal (MSK) services in England.
  • Making NHS resources more readily available – this includes apps for managing mental health and MSK conditions – to allow more people to access them quickly.
  • Distinguishing and preventing more cases of cardiovascular disease by digitising the NHS Health Check.
  • Improving employee wellbeing through a new national programme to better integrate employment and health support.

The policy paper outlined that:

“These measures will support people with long-term health conditions to access the services they need, effectively manage their conditions and feel supported to return to or remain in employment.”

Guidance on helping people return to work after sickness absence “returner programme”

The Equality Hub and the Government Equalities Office have published guidance for employers who want to encourage people to return to work through a returner programme. The guidance outlines tips for helping people return to work, the benefits of supporting returning workers, key considerations, how to design a return to work programme, and how to effectively conduct and deliver the programme.

How can we help?

If you would like any advice or information in relation to the subject discussed in this article, please contact a member of our expert Employment Law team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online form.

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