Gardner Leader

'Fit Notes' - What do they mean for employers?

The Statutory Sick Pay (amendment) Regulations are due to come into force in April this year, bringing with them a new system to replace the current sick note scheme. The aim is to promote well-being and reduce the huge cost of sickness absence to UK businesses. Julie Taylor, Employment Solicitor at Gardner Leader LLP answers some key questions about the forthcoming changes.

What is a 'fit note'?

'Fit note' is short for 'Statement of Fitness for Work' and the intention is that the employee's GP will highlight what the individual may be able to do when they return to work, not what they cannot do. The fit note will continue to allow the GP to certify whether the employee is fit for work or not, but they will also require the GP to indicate whether the employee may be fit for work if some suggested changes are made. The statement will include a list of some common changes that the employer could make to the employee's working environment that may help the employee return to their job. These changes are likely to include the following:

-          Working shorter or different hours.

-          Carrying out different duties.

-          Avoiding specific tasks, e.g. heavy lifting if the employee has a bad back.

If an employer is unable to accommodate the changes suggested in the fit note, the fit note should then simply be accepted by the employer as evidence that the employee has a health condition that is preventing him or her from carrying out their duties.

How is this different?

The current system only allows employees to be either signed-off where they are not fit to do their job or be certified as fit for work and there is no requirement for an assessment by the GP of any changes that might help the employee to return to work sooner. Additionally, the maximum duration of time an employee can be signed-off under a fit note will be three months, which is a reduction of three months on the current maximum duration of sick notes.

What should employers do?

All employers should ensure that they have effective sickness absence management policy in place. It can also be invaluable to have a complete system in place to record and log all employee absence so that any patterns or underlying problems can be identified at an early stage before they escalate. This is particularly important in view of the liabilities that can be imposed on employers where an employee's illness can be attributed to their employment.

Additionally, where simple changes are identified in the fit notes, for example, reduced hours or a phased return, the employer needs to be ready to review each situation on an individual basis and make the requested changes where possible and generally take a more pro-active approach to helping employees return to work.

If you have any queries regarding any of the issues raised in this article, employment law generally or the on-line business solutions GL can offer for managing employee records, please contact Julie Taylor at Gardner Leader LLP on: j.taylor@gardner-leader.co.uk or 01635 508080.

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