Victoria Robertson, Employment Law Specialist at The Needle Partnership
The Social Security (Medical Evidence) Regulations and the Statutory Sick Pay (Medical Evidence) (Amendment) Regulations came into force on 6 April. This means that ‘sick notes’ are now a thing of the past, replaced by ‘fit notes’.
The government hopes that fit notes will encourage further discussions between employee and
employer and doctor and employee, putting the emphasis on the return to work rather than on the absence from work.
What’s changed?
There are various differences between sick notes and fit notes. The “fit for work” option has been removed, replaced by a new option for a GP to tick a box stating that the employee “may be fit for work” with some support (note the word “may” – the onus is on the employer to ascertain if the GP’s recommendations can be put in place). GPs have the option to recommend a phased return to work, altered hours, amended duties, or workplace adaptations, and to include some comments about the effect of the employee’s condition.
The ‘not fit for work’ box is still an option and is bound to remain the most commonly-used feature, especially for short-term absence (after all, altered hours would not help, for example, a broken back!). The maximum length of a fit note in the first six months’ absence is three months, reduced from six months with sick notes.
What’s the effect for employers?
We will be watching with interest to see how helpful fit notes actually are to employers.
Employees can still self-certify illnesses of up to seven days, so ‘fit notes’ are only useful for managing long term absence. Unfair dismissal law already requires employers to consider measures to assist employees in returning to work as an alternative to dismissal, but the fit-note will bring the GP’s opinion more firmly into the equation. As always, if an employee requests flexible working, the employer is obliged to consider the request, but can decline for various business reasons.
We think it likely that employers will still need full medical reports on employees on long-term sick leave, to understand more fully the reason for and estimated length of their absence. The fit note is a good starting point but in certain situations employers will need more details, especially where the employee may have a disability.
Employers already have a duty to make reasonable adjustments for disabled employees, but whilst the fit note does not introduce any new duties it may be useful in opening up a dialogue on adjustments, and establishing what may be reasonable.
The main effect of fit notes is perhaps a psychological one upon employees, as they are now being asked from the outset to consider their return to work. For employers dealing with sickness absence and its financial and organisational ramifications, this can only be a good thing.
For assistance with employment questions please contact Victoria Robertson, a specialist employment law solicitor at The Needle Partnership Tel: 08445 611484 or email victoria.robertson@needlepartners.com
