From sick notes to fit notes - a new approach
01/03/2010
By Nick Hobden, Partner and Head of Employment.
With effect from 6 April 2010, our old friend the sick note is due to be replaced with so-called 'fit notes'. It is hoped that the new system will help people to remain in work or return to work more swiftly, even though they may be suffering from ongoing ill health or injury.
Rather than doctors simply signing employees off as sick, they will be encouraged to consider what steps an employer might reasonably take in order to allow the employee to stay in work or return to work more quickly. The sorts of measures that doctors might propose are as follows:
- a phased return to work
- altered hours
- amended duties
- workplace adaptations.
Whilst it will obviously make sense for employers to consider carefully whether they can make the adjustments suggested, there will be no specific obligation on the employers to agree to the proposals. If, however, the adjustments cannot be made, employers will have to assume that the doctor has concluded that the employee is unfit for work.
The success of this system is likely to depend heavily on the medical profession's approach to the new form. Do they have the time and expertise required in order properly to complete these forms? Only if the suggestions are carefully thought through are they likely to reduce the high levels of sickness absence that currently trouble many employers.
The Government proposes to review the new system in a couple of year's time. We would be very interested to hear about your experiences on the ground as the fit notes start to trickle through.