Employment Law News
Fit Notes - Matt Smith
The Health, Work and Well Being Directorate has published a consultation paper called Reforming the Medical Statement.
It is proposed that new regulations will be introduced under which one of the main changes will be that employees who visit their GP due to absence from work will no longer be provided with a 'sick note'. Instead they will be issued with a 'fit note'.
It is recognised that work has become less physically demanding over the years, allowing more people to work during a period of illness. Employers are more flexible and may be more willing to make adjustments to aid an employee to return to work. Healthcare professionals also believe that it can bring positive health benefit for employees to return to or remain in work.
Despite these changes in the workplace and medical opinion, it remains the case that many in society believe that they must refrain from work if they have a medical condition. It is estimated that sickness absence costs business around £13billion per year.
It is therefore hoped that the introduction of the new fit notes will help more employees to return to work earlier than they would have under the old sick note system.
The new fit notes will no longer simply provide a choice between fit or not fit for work. They will now provide an option for the GP to say that the employee may be fit for some work now.
Where an employee 'may be fit for some work now' the GP will be required to provide details of the effects of their condition. For example, if a patient has a bad back, they may say that the employee cannot carryout duties that involve lifting but that they will be fit for other aspects of their work.
The proposed form of fit note also includes a list of suggested amendments that could be used to aid the return of the employee to work. These currently include (1) a phased return to work; (2) altered hours; (3) amended duties; and (4) workplace adaptations. GPs will be able to tick any of these suggested amendments and it will then be at the discretion of the employer as to whether or not to implement these changes, and also subject to the agreement of the employee.
Consultation on the proposals ends on 19 August 2009. The regulations will then finalised and placed before Parliament.
The full consultation paper is available at:
http://www.dwp.gov.uk/consultations/2009/
For further information about Employment Law issues please contact one of our Employment Law team on 0151 647 9381
Matt Smith
This article provides a summary of a recent case/change in law/news item. It is intended for general information purposes only and is not to be relied upon. It does not constitute legal advice and should not be treated under any circumstances as a substitute for legal advice. Lees Solicitors LLP does not accept any responsibility for any loss that may arise from reliance upon the information contained within this article. The copyright in this article is owned by Lees Solicitors LLP and permission must be sought before reproduction or publishing.
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