The Department of Work and Pensions have announced that from next month, GP sick notes will be replaced by “fit notes” (aka Statement of Fitness for Work) in an effort to support people in getting back to work. Whilst most would agree that something had to be done to improve the current sick note system, the new fit note system has not been universally welcomed by employers and GPs.
What can we expect to see on “fit notes”?
The new fit notes will mean that doctors can advise that an employee is unfit for work or may be fit for work and will give more information on how your employee’s condition may affect the role they perform. The statement is still not required until after the 7th calendar day of sickness.
Fit notes will focus on what employees can do, with GPs listing changes that employers can make to help an employee back to work. The changes included are:
- A phased return to work
- Altered hours
- Amended duties
- Workplace adaptations
Where the GP has ticked “may be fit for work”, there is a large space for the doctor’s comments on the effects of your employee’s condition and what adaptations could help them return to work.
The DWP advise that the notes are not about trying to get people back into work before they are ready, but about moving the challenges to the returning. The scheme places an onus on employers and employees working together to get staff back to work despite their illness or injury. The advice is not binding, it is the employer’s prerogative on how to act on the doctor’s advice. If the adaptations suggested by the doctor are not possible, employers should explain the reason to the employee then treat the note a “not fit for work” note.
What’s the prognosis?
The scheme has not been universally welcomed. There is concern within the medical profession that GPs are not occupational health specialists and as such, should not be given the responsibility of making thorough recommendations regarding someone’s condition and possible adaptations to their role, which they may have no knowledge of, particularly within a 5-10 minute appointment.
From an employer’s perspective, there is the unknown of what the implications are, particularly under the Disability Discrimination Act, of not implementing the GP’s advice. Although the DWP state that the statement is not binding, the system has yet to be tested at Tribunal level. On a separate note, as many HR professionals are too aware, deciphering doctor’s writing in terms of the condition can be tricky enough, it remains to be seen, pardon the pun, if this paragraph will cause more deciphering difficulties.
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The information contained above is for guidance only and represents our understanding of employment law and employee relations issues as at 22nd March 2010. VizualHR cannot be held responsible for any action or inaction taken in reliance upon the contents. Specific advice should be sought on any individual matter.
