The New Fit Note – An Update

July 28th 2010

What does the new fit note say?

On the new fit note, the doctor can advise the employer whether the employee:

 

- is fit for work

- is not fit for work

- may be fit for some work (noting whether the employee would benefit form a phased

  return to work, altered hours, amended duties or workplace adaptations).

 

Most doctors will not necessarily know much about the kind of work that the employee does, so shouldn’t be expected to provide highly detailed plans

 

What does this mean for employers?

In many cases, the new system will not lead to any discernible change. However, in some cases the GP may be more likely to recommend adjustments or an Occupational Health referral.

 

Disability Discrimination Act (DDA)

Although the fit note does not compel the employer to offer modified work, in order to ensure compliance with the DDA, employers need to have good reasons for not agreeing to offer this when it has been recommended on the fit note. They will need to look at such recommendations and form a view on whether they are ‘reasonable. In line with the DDA, ‘reasonable’ will depend on the following, as summarised by the Employers’ Forum on Disability:

 

·         How effective any change will be in helping the person to do their job;

·         Whether it is practical to make an adjustment;

·         How much disruption, if any, will be caused to the business or other people;

·         How much, if anything, the adjustment will cost and how much money is available;

·         Whether help is available with making the adjustment and towards the cost form a scheme like Access to Work¹

 

Liability Insurance

The DWP point out that a sick note is not required by employers’ liability compulsory insurance. If there are any concerns regarding this, it is important to contact the insurer for clarification.

 

Risk Assessments

Essentially what the fit note clarifies is the need to assess risk properly in all cases, not just when a full return to work is imminent. In most cases, such an assessment need not be difficult or long-winded, but where the health and safety concerns or continuing health problems, employers may need to seek expert advice.

 

Reviewing attendance policies

Employers may need to review their attendance policies, to see if the change to the fit note requires changes to the wording of their occupational sick pay schemes. Issues of confidentiality will apply, but with consent, Health and Safety or HR professionals will be able to seek clarification from GPs. The best person to seek information from, in the first instance, will still be the employee and there can be a reluctance to have such a conversation that is one of the main obstacles to resolving sickness issues.

 

¹http://www.efd.org.uk/employment/reasonable-adjustments