Keeping Britain Working and the responsibility on employers

There’s a growing expectation that employers take a more active role in supporting their people to stay in work, or (following a period of leave) to return as soon as they are able.

The Government has introduced a regular Keep Britain Working (KBW) Review to examine the underlying causes of the barriers disabled people face in accessing or returning to work, as well as the effects of long-term sickness absences.

The review has not changed the legal position. Employers’ duties to make reasonable adjustments, disability discrimination protections and fair absence management processes remain the same.

For owner-managed businesses, this can feel particularly onerous, especially for those without an in-house HR function.

What are the risks?

In practice, the most common errors we see arise from lack of understanding.

Mainly:

• Not knowing what to do when an employee raises a health issue
• Avoiding early conversations because you’re worried about getting it wrong
• Lack of documentation for formal processes
• Applying policies inconsistently

Informal approaches can create problems later on, particularly if conflict arises in future.

Early conversations will help create a culture of support and understanding

The Government review talks about removing the “culture of fear” that is associated with conversations about health in the workplace.

If you employees appreciate that you’re open to have conversations around health and wellbeing then it’s more likely that support is explored before potential grievances arise.

In practical terms, you should:

• Check in with your people sooner, especially when someone is struggling (do not wait until a long term absence has begun)
• Establish formal processes – keep a record of conversations and decisions in relation to sickness absence or health related concerns
• Be flexible and make small adjustments where possible – even if they’re temporary
• Seek medical advice
• Seek legal advice early if you need to and don’t wait until it becomes difficult
• Consistency is key here!

The reality for owner-managed businesses

The review recognises that employers are the key to the solution, but it does not remove constraints on smaller businesses in terms of people management.  This is merely a shift in expectation – the more proactive you can be about managing staff health and wellbeing, hopefully the easier it will be to try and resolve issues at an early stage.