By Ian Manborde, Thompsons Tutor in Trade Union Studies, Northern College

Over a third of people have been refused the new Employment and Support Allowance (ESA), under the government’s new Work Capability Assessment, according to figures released by the Department for Work and Pensions.

The new test was introduced as part of the Government’s welfare to work reforms and will be built on by the planned roll out of the Fit for Work pilots (aimed at getting people with medical conditions or disabilities back or in to work), which have grown out of the review of the health and well-being of Britain’s working age population by Dame Carol Black last year.

Entitled “Working for a Healthier Tomorrow”, it resulted in a number of challenging, although not unexpected proposals.

One of the most controversial was that the current sick note issued by a GP to certify sickness absence should be phased out, and replaced by a “well note” indicating what activity the worker could undertake particularly as part of a phased return to work.

In a submission during the consultation period, Thompsons Solicitors expressed its concerns, as follows:

“Unless the new rules oblige employers to make changes to the working conditions of employees who were injured or became sick because of their work — such as by altering their duties or making changes to workstations — then people will either be unable to return to work, or will do so only to go off sick again,” said Thompsons’ head of policy, Tom Jones.

In discussing the proposals with shop stewards and safety reps over the past few weeks, it seems these fears are being realised. When determining the fitness to work or not of a worker a GP may not know enough about their job, workplace, and working conditions to make a statement under one of the three proposed fit note headings: ‘fit for work’, ‘not fit for work’ or ‘maybe fit for some work now’.

Another concern repeatedly voiced is that the Black review seeks to actively promote dialogue between GPs and employers – something reps argue would essentially entail workers who are unfit for work being placed back into the workplace, possibly without a range of appropriate adjustments being made.

The critically important feature of the Fit for Work proposals is that even when a GP objectively identifies a suitable pattern of work for an ill worker to return to the workplace, the onus placed on the employer to abide by these – at this stage of the recommendations at least – are solely voluntary.

The figures just released by the Government show that of the 193,800 people who made a claim for ESA between October 2008 and February 2009:

  • 5 per cent were offered voluntary help to manage their condition
    36 per cent were found fit for work and not eligible for ESA
    11 per cent were found eligible for ESA
    38 per cent stopped claiming benefit before the assessment was completed
    10 per cent were still being assessed

Under the old Incapacity Benefit (IB) system, an estimated 17 per cent were found fit for work.

Clearly a new agenda is emerging in relation to ill health, disability and the workplace and readers should keep an eye out here for developments.

To view the full Black report, go to:
http://www.workingforhealth.gov.uk/documents/working-for-a-healthier-tomorrow-tagged.pdf

To read the DWP press release, go to:
http://www.dwp.gov.uk/newsroom/press-releases/2009/october-2009/dwp043-09-131009.shtml