Employee sickness certification is to be overhauled from April 2010. The Government’s aim is to reduce the massive 172 million working days which are lost to sickness absence in Britain each year.
The reforms will scrap the 60-year old tradition of doctors issuing sick notes. They will be replaced by ‘Fit Notes’ which will put the onus on GPs to state what the employee can do rather than what they cannot do.
Under the new system:
• The Fit Note will require the GP to certify if the employee is either “not fit for work” or “may be fit for work”. The previous “fit for work” option has been removed.
• Under the “may be fit for work” option, there follows a list of the common types of changes employers can introduce to assist a return to work. These are:
- a phased return to work
- altered hours
- amended duties
- workplace adaptations
A comments box will allow the GP to add any further detail or to suggest something that is not on the list.
• The maximum period a Fit Note can cover is reduced from six to three months (during the first six months of a health condition).
Further specific guidance for individuals, employers and healthcare professionals has only recently been published and concern has been raised as to whether GPs will have sufficient time to familiarise themselves fully with the new system before it becomes operational.
The Government believes the new system will encourage further discussions between doctor and patient and between employee and employer about the potential options that could facilitate a return to work.
Time will tell whether the new system will have the desired effect of getting people back into the workplace more quickly and reducing sickness absence or whether it will simply add to the minefield of areas open to dispute within the employment relationship.
Employers will most certainly need to familiarise themselves with the new Fit Notes and ensure that they follow proper sickness absence management procedures. The removal of the previous “fit for work” option puts more emphasis on the employer’s responsibility to carry out a risk assessment when an employee returns to work saying they are now well, as not doing this could expose both both the employee and others to risk. In addition, on receipt of a Fit Note, a meeting with the “may be fit” employee should be held and the doctor’s recommendations seriously considered. Keeping proper notes of such meetings and having an employer-witness present will be helpful should the matter ever become disputed. Employers should keep in mind that a failure to take action as a result of suggestions is likely to make it very difficult to defend a disability discrimination claim for which damages are potentially unlimited!
Sally Togher is a solicitor in Raworths’ Employment Unit. To contact Raworths, telephone 01423 566666 or visit our offices at Eton House, 89 Station Parade, Harrogate HG1 1HF. Or alternatively you can email Sally - sally.togher@raworths.co.uk
