Living and Working with Health Problems

Published: 24th August 2009

Thousands of people with mental health problems are to get extra support with their condition so that they can continue working. The government is planning to extend the 'In work support' pilot scheme that has proved 90 per cent successful in helping people with fluctuating mental health conditions to stay in their jobs.

'In work support'

Mental health and work 'In work support' pilot schemes, run in partnership with mental health charity Mind, have been run across the country, providing extra help for people with fluctuating mental health conditions.

These pilot schemes have been 90 per cent successful in helping these people stay in their jobs.

Based on the success of the 'In work support' programme, the government is looking to extend the scheme, with an expectation of rolling out nationally with a range of providers.

Jim Knight, Minister for Employment and Welfare Reform, said: "I know disabled people dearly want to stay in work and their employers want to do everything they can to keep good staff.

"Our plans to offer the right help early on can end the downward spiral of people falling out of work into sick leave, and onto benefits. We are all agreed that helping people stay in work is good news for them, their bosses and for the taxpayer."

Other measures to help people with mental health problems to stay in work include:

** a new network of dedicated mental health experts across Jobcentre Plus to work with colleagues in the health system to provide support for people who have mental health conditions
** the ‘Right to Control’ consultation, which will give disabled people, including those with mental health problems, greater choice and control over how public money is spent to meet their needs
** doubling the Access to Work fund, from £69 million to £138 million - providing practical advice and financial support to disabled people and their employers

Fay from London, who took part in an 'In work support' pilot, said: "The support was great and l wish it had been there when l was previously off sick from work. I found it particularly helpful in the way it kept me in contact with my employer while I was off – I never felt completely isolated from work.

"I found myself doing things that I normally would have found terrifying. I wouldn’t have been able to cope on my own and definitely wouldn’t have gone back to work without the support given. I would recommend this service to others with a similar condition."

Taken from Direct.gov.uk

Suspension from work on medical grounds

In certain circumstances your employer may need to suspend you from work for health and safety reasons. Find out about your rights if that happens, how you will be paid and what happens if you are pregnant.

Your employer has a duty to take all reasonable steps to ensure your health and safety. This means they can suspend you from work if they think you may be at particular risk. For example, you may be suspended if you become seriously allergic to a chemical at work, or if you are a newly expectant mother working in a lab that uses radiation. Your employer's decision should be based on a risk assessment.

You will not have the right to paid suspension on medical grounds if, for example:
** you are not an employee, eg an independent contractor, agency worker or freelancer
** you unreasonably refuse other suitable work offered by your employer
** you don’t meet any reasonable requirements your employer may have to make sure you are available for other/alternative work when required

Pay

If you have been in your job for a month or more when you are suspended, you have the right to be paid for up to 26 weeks of suspension. The pay should be equal to a normal week's pay. However, if you are offered other suitable work you must take it otherwise you lose your right to be paid.

There may be rules for medical suspension in your contract of employment. If they say you are to be paid while suspended, you should make sure the actual amount isn't less than a normal week's pay. If it is your employer must make up the difference.

If you don’t want to return to work while suspended, refusing other suitable work ends your right to pay. This includes work that may not be included in your contract of employment.

If you are pregnant

Your employer must make a special assessment of the risks to pregnant mothers and their babies. If there are risks, your employer must protect you and your baby by:
** adjusting your working conditions and/or hours of work
** offering you other suitable work if there is any
** suspending you from work for as long as necessary

If you are suspended you are entitled to full pay, including any bonuses you would have been paid. Your suspension should last until the risk to you or your baby has been removed.

There can be extra risks to the health of pregnant night workers. If you have a medical certificate saying that there's a risk you should be offered suitable day work. If none is available you can be suspended until the risk to health has passed. If you refuse reasonable alternative work your employer doesn't have to pay you.

What to do next

If your own health is involved, talk to your GP.

If you disagree with your employer you should use the grievance procedure set out in your contract.

Check you are getting the right amount of pay. Your contract or statement of employment will say whether your employer can pay you differently during suspension.

You may wish to contact the Health and Safety Executive (HSE) Infoline for advice if you are still unhappy. As a last resort you can complain to an Employment Tribunal.

Useful Links

> Mental Health and Work (Direct.gov.uk - External Link)