|
April 2010
"Fit" rather than "sick" notes
Following the 2009 consultation on the Government’s proposal to introduce "fit notes" to replace the current "sick note" system, it is expected that the Social Security (Medical Evidence) and Statutory Sick Pay (Medical Evidence) Amendment Regulations 2010 will introduce the new "fit notes" in Spring 2010.
The Government’s primary objective is to get people back to work after illness or injury faster and to encourage workers to discuss their return to work, including any adaptations or adjustments required, with employers. The new “fit notes” will hopefully provide greater information to employers on an employee's medical condition as they will require GPs to assess whether a patient falls into 1 of 3 categories: “fit for work”, “not fit for work” or “maybe fit for some work now”. If the latter, the GP is required to state whether a phased return to work, altered hours, amended duties or workplace adaptations would facilitate an early/earlier return to work.
Implications for employers:
- Fit Notes will be computer-generated - therefore refreshingly legible but pose additional data security risks; employers should healthcheck their data security systems now to ensure they can process electronic fit notes in accordance with their obligations under the Data Protection Act whilst maintaining employee confidentiality;
- Convenience - an electronic Fit Note can be regularly updated replacing the need for multiple sick notes each covering a relatively short period;
- Not a panacea - likely to be most effective if combined with other government measures such as the "Fit for Work Services" pilots, in which all the relevant professional disciplines (healthcare; skills advice; vocational rehabilitation; social support, such as debt and housing advice; and even conciliation where disputes between employers and employees have escalated) will be co-ordinated to help employees back to work;
- GPs are not experts in occupational health; employers and doctors will need support and training to make the new system work, otherwise it could create rather than remove barriers to rehabilitation;
- Fit Notes should identify changes that could be made to facilitate the employee’s return to work – such changes may have cost implications but hopefully these may be offset by reduced sick pay and less need for temporary cover;
- Fit Notes should assist employers when considering or reviewing reasonable adjustments for employees who have become disabled or who were already disabled;
- Employers will not be bound to implement any workplace changes suggested by GPs (unless the employee is disabled and the suggestions amount to reasonable adjustments under the Disability Discrimination Act 1995) - it is up to employers to assess whether such suggestions are cost-effective. Any change will be implemented with the agreement of the employee;
- Fit Notes may allow doctors to specify if they would need to see a patient again when their current Fit Note expires. This should reduce uncertainty for employers about when an employee can be expected to return to work.
Extension of SMP postponed...read more
Additional paternity leave...read more
Right to request time off for training...read more
- February 2010
Reduction in maximum unfair dismissal compensatory award ...read more
- October 2010
Equality Bill...read more
|
029 2067 4416
