'Fit Notes' - A Guidance on the New System

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From 6 April 2010, GPs will no longer issue “sick notes”. Instead, they will issue a Fit Note; the official title is “Statement of Fitness for Work”. Stella Yeomans, Employment Solicitor for law firm Fishers explains more:

The new system is part of a strategy called “Working for a Healthier Tomorrow”. The aim is to help those who have suffered from ill health to return to work as soon as possible as it has been recognised that work is good for physical and mental health.

How the system will work

The GP will state on the new form whether the employee is either:

a) not fit for work, or

b) may be fit for work (with some changes in the workplace).

The GP will then set out what changes in the workplace might help the employee to return. This might include amended duties or workplace adaptations.

The new form may be printed rather than handwritten. A GP can issue the form following a telephone conversation, and the GP does not have to see the patient. The employee will continue to self certificate for the first 7 days of absence.

General Advice

The GP’s recommendations are for general guidance only. They can be put in place if it is feasible to do so and if the employer agrees. Ultimately, the employee’s line manager will decide whether or not the changes in the workplace can be accommodated.

As a matter of good practice, any amendments should be agreed with the employee, prior to the employee’s return to work. In the event that the changes cannot reasonably be made, the note can be used to cover the employee’s sickness absence.

Where the GP has indicated that the employee does not need to be assessed again, the employee should be able to return to work at the end of the period stated on the fit note.

Employers should note that these new provisions do not replace the necessity to consider making reasonable adjustments to comply with the Disability Discrimination Act.

For further information, advice or guidance visit www.fisherslaw.co.uk/employment.html

Stella Yeomans LLB (Hons)

Solicitor

An employment specialist of over 16 years, Stella advises businesses on strategic and day to day HR. She acts as a sounding board to HR Managers, assisting in the preparation of contracts and policies and procedures.

If you wish to discuss this guidance, or for advice on any other employment issues you can contact Stella by visiting http://www.fisherslaw.co.uk/employmentlawyers.html.