News

6 April 2010

Fit Notes to come into effect from 6 April 2010

The Department for Work and Pensions have announced that as from 6th April 2010, GP sick notes will be replaced by “fit notes”. The new fit note will be called the ‘Statement of Fitness for Work’ and is ) in an effort to support people in getting back to work.

What's different about the new fit note?

The new fit notes is intended to provide more useful information on how an employee's condition affects what they do and how they might be able to return to work.

In the past, doctors have either said that 'you should refrain from work' or 'you need not refrain from work'. With the fit note, the doctor will be able to advise their patient if they are 'not fit for work' or a new option - 'may be fit for work taking account of the following advice'. A doctor will be able to suggest ways of helping an employee get back to work. This might mean discussing:

• a phased return to work
• altered hours
• amended duties
• workplace adaptations

The doctor will also be able to provide general details of the functional effect of the individual's condition.

The statement is still not required until after the 7th calendar day of sickness.

The scheme places an onus on both employers and employees to work together to get staff back to work despite the employee’s illness or injury. However, it should be noted that the doctor’s advice is not binding; it is the employer’s right to decide on how to act on the doctor’s advice. If the suggestions suggested by the doctor are not possible, employers should explain the reason to the employee and then treat the doctor’s note as a “not fit for work” note.

What’s the reaction?

Whilst most would agree that something had to be done to improve the current sick note system, the new fit note system has not been universally welcomed by employers and GPs.

There is concern within the medical profession that GPs are not occupational health specialists and as such, should not be given the responsibility of making recommendations regarding someone’s condition and possible adjustments to their work, particularly when they have limited time to discuss the matter with their patient.

From an employer’s perspective, there is the unknown of what the implications are, particularly under the Disability Discrimination Act, of not implementing the GP’s advice.

From an employee’s point of view, there could be concern that even with the adjustments to his/her work, the employee is still not fit for work and refuses to return. Although this may be an unlikely scenario, it is one which should be considered carefully before any disciplinary action is taken.

So what should employers do?

It is important that your sickness absence policy gives you the flexibility to manage your employee’s return to work in the face of a Fit Note from a doctor that might recommend particular adjustments to a job. It is therefore advisable that any sickness absence policy and contract allow you to make the final decision regarding fitness for work based on your knowledge of the job role.

Please note that this information is provided for general knowledge only and therefore specific advice should be sought for individual cases.

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