It has long been recognised that sickness poses difficulties for employers. Whilst many are sympathetic to the plight of their employees, this does not reduce the administrative and cost burden on employers managing sickness absence.

This has been recognised in a recent review presented to Parliament by the Secretary of State for Work and Pensions, which has put forward a number of recommendations intended to reduce workplace sickness absence for the benefit of both the employer and the employee; and, lest we forget, the tax payer. It is estimated that around 300,000 people are absent from work due to long term sickness absence per year. It is hoped that the proposed changes (if accepted) will help around 20% of those people back into work and result in savings to the tax payer of £350million per year.

It is proposed that the ban on pre-employment health questionnaires brought in under the Equality Act will be removed so as to allow employers access to better health related information about their staff.

Further, the review recognises that the change from sick note to fit note has not worked. In many cases, it is difficult for a GP to confirm that an individual is fit to return to their role without input from an occupational health advisor. It is therefore proposed that after four weeks of absence, an individual would be referred to a specialist panel to assess their capacity for returning to work. This panel will be called the Independent Assessment Service and will be government funded.

Where it is assessed that an individual is fit to work generally but perhaps not in their current role, it is proposed that assistance will be made available to help them find alternative work and that it will be made easier to end the employment relationship. In addition, it is proposed that individuals who are signed off sick are placed on Job Seekers Allowance for a period of three months which would mean that they would be required to demonstrate that they were looking for work during this period.

Finally, it has been suggested that employers be able to have "protected conversations" with their employees about their health and ability to work without running the risk of a claim being submitted to the Employment Tribunal as a result. Whilst this is no doubt appealing, it is difficult to see how such protected conversations could be adequately policed to ensure that undue pressure is not placed on employees and it is anticipated that employee groups would be resistant to this proposal.

Vince Cable has confirmed that the Government will respond to the review in 2012. In the meantime, employers are advised to have clear absence management procedures in place and to follow them consistently. Eaton Smith can provide employers with absence management procedures and/or guidance as and when required.