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Government announces further employment law reforms

View profile for Chris Dobbs
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The Government has announced plans to tackle long-term workplace sickness absence with a new independent assessment and advisory service to ensure employers receive bespoke, independent advice where sickness absence lasts more than four weeks. Furthermore, the Government has issued a consultation on reforming legislation regulating employment agencies.

In the delayed response to Dame Carol Black’s independent review of sickness absence the Government has stated that it will, among other things:

  • establish a health and work assessment and advisory service to provide a state-funded assessment by occupational health professionals for employees who have been on sick leave for four weeks to ‘signpost’ appropriate interventions, provide employers and employees with advice on overcoming barriers to a return to work, and provide case management for the minority of employees with complex needs who require ongoing support to enable their return to work;
  • publish revised ‘fit note’ guidance for GP’s, employers and individuals during the first quarter of 2013 to emphasise the importance of assessing an individual’s health condition in relation to work in general and not just for one specific role;
  • consider in the 2013 budget whether expenditure by employers targeted at keeping sick employees in work (or speeding their return to work) such as medical treatments or vocational rehabilitation should attract tax relief;
  • abolish the Percentage Threshold Scheme which compensates mainly smaller employers for very high rates of sickness absence in their organisations, but reduces incentives to manage absence; and
  • abolish statutory sick pay record-keeping obligations to enable employers to keep records in the manner which best suits their organisation.

The Government is also consulting on reform of the Employment Agencies Act 1973 and the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (the Conduct Regulations) as a result of the Red Tape Challenge. The Government believes that the recruitment sector should be regulated by the simplest regulatory framework possible. The Government proposes, among other things, that new legislation should ensure that:

Kate Fretten, Employment Partner, says “The consultation on reform to the employment agencies legislation closes on 11 April 2013; the Government will then publish a summary of the responses to the consultation and the next steps to be taken within 12 weeks.”

For a free initial meeting please call 01202 499255 and Kate or Paul will be happy to discuss any questions you may have.

The content of this article, blog or video is not intended as specific legal advice. For tailored assistance, please contact a member of our team.

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