LRD guides and handbook August 2013

Health and safety law 2013

Chapter 10

Black/Frost Sickness Absence Review — Government response

The 2011 Black/Frost report into sickness absence, Health and work: an independent review of sickness absence, was commissioned by the government without union involvement. It suggested that a “key barrier to getting people back to work is that the vast majority of fit notes declare employees to be completely incapable of work. This leaves the employer with no options or advice to help the employee back to work”. It recommended setting up a new independent assessment service to which employers and GPs could refer employees with long-term sickness absence for advice. The review’s authors claim this could save employers £100 million a year in sick pay. It also recommended that the government set up a “job brokering scheme” for employees who are fit for some work but no longer able to do their old job.

The TUC responded that there was no need to embark on a major overhaul of the current method of sickness absence certification and sick pay, and that suggestions of this kind, however well-intentioned, are likely to be seized on by rogue employers to force workers back to work too early, or into another role, instead of making adjustments to enable that employee to stay in their existing job. The TUC also noted the report’s silence on how to address the growing problem of “presenteeism” i.e. coming to work when ill.

In January 2013 the government responded to the report, announcing a series of measures to address the “burden” of sickness absence on businesses, taxpayers and people who “get trapped on benefits” including the creation of a new independent assessment and advisory service. This is intended to get people back to work and away from long-term sickness benefits. The government claims the scheme will save employers up to £160 million a year in statutory sick pay and will increase economic output by up to £900 million a year.

The new service is intended to enable employers of all sizes to access expert advice to help them manage sickness absence in the workplace. It will be call centre-based and is expected to be up and running in 2014.

Public services union UNISON refuted suggestions implicit in the response that the public sector needs to be singled out for special measures. It said that there is no evidence that sickness levels are higher amongst public sector workers, when other factors are taken into account.

The report can be downloaded at: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/181060/health-at-work.pdf

The government’s response, Fitness for work, can be downloaded at: www.gov.uk/government/uploads/system/uploads/attachment_data/file/181072/health-at-work-gov-response.pdf