Employers urged to make best use of new 'fit note' regime

   

A leading law firm is urging employers to prepare for a new fit note regime coming into force on April 6 which aims to tackle the problems of absenteeism which costs the UK economy £100bn a year.

Mace & Jones law firm said from April 6 the sick note will be replaced with fit notes. Under the present system the sick note comment from an employees’ GP is limited to ‘unfit for work’. However under the new rules doctors will have a choice, the individual is either ‘not fit for work’ or ‘may be fit for work’.

Mace & Jones head of employment law Martin Edwards said providing another option means doctors will be able to advise employers that the employee would be able to return to work under certain conditions. The doctor should specify whether the employee would be assisted in their return to work by temporary arrangements.

Mr Edwards urged employers to make the best use of the new rules.

“As with any new legal change this will take time to bed down in practice,” he said. “GPs who have limited knowledge of the employees workplace and what their job entails. The doctor’s recommendations are therefore intended to encourage discussions between employer and employee to work out exactly what changes can be made to enable the person to work. The new regime will not replace the role of occupational health advisers, whose view on the GPs recommendations may be valuable. Employers are not forced to comply with the GPs recommendations, but must not flout the disability discrimination act. For instance, if the employee is disabled, the employer has a legal duty to make reasonable adjustments, this might entail in some cases changes to the employees duties, working hours or workplace. An employee who refuses to return to work in line with the fit note will still need to be dealt with carefully, to avoid claims for compensation.”

Further information on the new 'Fit Note'

A sample of the new Fit Note is available to download from the Department of Work and Pensions' website.

Other changes the Regulations introduce are:

• In the first six months of a health condition, the maximum period a GP can issue a fit note for is three months (reduced from six months).
• Only GPs can issue fit notes, although it is proposed that this will be extended to other healthcare professionals in the future.
• The certificates will be in electronic format (usually printed), which should assist with legibility issues often associated with the current sick notes.

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