fit notes
The Statement of Fitness for Work (or so-called 'fit note') will
come into force on 6 April 2010 replacing the existing 'sick note'
regime. The statement only has two options for the doctor to tick:
"You are not fit for work" or "You may be fit for work taking
account of the following advice". There is then a tick box list of
common changes which could be made to an employee's work
environment or job role to help facilitate a return to work. There
is also space for comments.
The doctor is not required to go into any detail about what
activities the employee can carry out. The guidance to GPs
encourages them to give general advice which the operator can turn
into specifics. The system is not perfect as GPs have to rely on
the employee's version about the nature of their job and disputes
with employees are likely to arise over the changes which could be
made by the employer. It is anticipated that most adaptations will
be temporary.
The statement is not binding on the employer – it is designed to
initiate discussion with the employee. The operator should consider
the doctor's advice in the context of any industry or sector
specific safety guidelines or regulations that the doctor may not
be aware of. If the operator cannot make the changes or adjustments
the statement is evidence that he employee cannot carry out their
current role – there is no requirement to return to the doctor for
a revised statement.
In all cases it is the operator's responsibility to carry out a
risk assessment when an employee returns to work to ensure that
there is minimal risk to the employee and others in the workplace.
The operator should also check whether its insurers have any
specific requirements relating to the employee's return to
work.
Operators should consider making changes to employment contracts
and sick pay policies. There will be a number of issues to be
addressed including how a phased or part time return to work is
treated, and the employee's entitlement to sick pay if they
unreasonably refuse to accept changes which the employer makes on
the GP's recommendation.
Guidance
for employers is now available in the DWP website. This
includes a sample of the statement. The Government has pledged that
a new occupational health advice line will be available for all
employers with up to 249 employees from 1 April 2010.
action points
- Manage employees' expectations by changing sickness absence
policies to make clear that the doctor's statement is not binding
on the operator.
- Be clear who should consider and implement the recommendations
and how disagreements will be managed.
- The operator's duty to make reasonable adjustments for disabled
employees under the Disability Discrimination Act 1995 are not
changed. Complying with a GP's suggestions in a statement does not
necessarily fulfil the duty.
