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Fit notes to replace sick notes in April 2010

February 17th 2010

The Government consulted on the design and content of the new medical certificate last year. The new format sick notes will contain two options:

  • ‘unfit for work’ and
  • ‘may be fit for work taking account of the following advice’.
There will no longer be a ‘fit for work’ option.
Although the Regulations affecting the new regime have not yet been published, it is anticipated that a GP who states that an individual "may be fit for work…" will have to give reasons for that advice. This was the position under the draft Regulations published last year. However, the consultation paper indicated that GPs will only be expected to give generic advice i.e. general details of the functional effect of the individual’s condition.
Doctors also have the option to indicate where their patient may benefit from common types of changes such as:
  • a phased return to work
  • altered hours
  • amended duties
  • workplace adaptations.
The aim of the new regime is to reduce sickness absence and support people with health conditions to stay in or return to work. It is hoped that the new approach will help informed discussions between individuals and their employers about whether there are any changes to the work environment or role which could aid an earlier return to work.
Whether the new approach succeeds will depend, to a large extent, on how well GPs adapt to using the form. The DWP says it will be issuing guidance for doctors on the new medical statement. There will also be specific guidance for employers, although no publication date has been given.
Employers will need to look carefully at how they manage sickness absence. Those with carefully considered return-to-work programmes will be better placed to benefit from the new regime. In contrast, employers who fail to engage with the new approach could find themselves at an increased risk of disability discrimination claims. This is because a new style report might highlight changes that an employer could make to the employee's duties or workplace that would help them to return to work sooner. A failure to consider such suggestions seriously could well result in a tribunal finding that the employer has failed in its duty to make reasonable adjustments under the Disability Discrimination Act 1995.