How Fit are your Employees?
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The old style sick note has been in existence for over 60 years, with GPs confirming an employee’s illness and the time period in which the employee would not be able to attend work. Sick notes have simply stated that the employee is not fit for work, however, the new replacement fit note is less black and white, and it is hoped that this will allow employers and employees to be more flexible.
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The Government has spent a significant amount of time developing the fit notes with healthcare professionals, employer representatives and trade unions.
Fit notes put a spin on the employee’s illness and look for the opportunities that may still exist for the employee to undertake work to some degree or other. The new fit note provides for GPs to indicate whether their patients are unfit for work or, alternatively, if their patient may be fit for work if some adjustments are made. Such adjustments may include a phased return to work, amended duties, altered hours or actual adjustments to the workplace.
This new system may present an opportunity for employers to review their sickness policy generally, and immediately address adjustment issues. Employers already have an obligation to consider “reasonable adjustments” for those employees who are deemed “disabled” under the Disability Discrimination Act 1995; the fit notes will bring this obligation to the employer at an earlier stage.
Although employers may consider it cumbersome to have to consider the adjustments on the advice of the fit note, it will allow employers to address matters head on, and will avoid the potential problems of ignoring the reasonable adjustments required under the Disability Discrimination Act. Employers must familiarise themselves with the fit notes and take into consider recommendations made by the employee’s GP.
Employers must be aware that if employees bring a claim in the Employment Tribunal for matters including inter alia unfair dismissal and disability discrimination, the employer’s initial response to the fit note recommendations for adjustments is likely to come under scrutiny. Employers must therefore ensure that they react to, and justify, the adjustments that can or cannot be made.
It should be borne in mind that the introduction of the fit notes will undoubtedly put more pressure on GPs, who will potentially find themselves embroiled in employer/employee relationships and will have the difficult task of expressing a view on their recommended adjustments without having consulted with the employer. For this reason employers could consider involving occupational health specialists in conjunction with the GP’s advice on the fit note to ensure that a detailed assessment is undertaken.
Despite the potential challenges that lie ahead during the teething problems of the fit notes age, it is hoped that these notes will address the issues associated with long periods of sick leave and will help employees return to work earlier, albeit with necessary adjustments.
For more information about fit notes or any other Employment Law matters, please contact our Employment Team on +44 (0)20 7749 2700, or email:
Nicholas C J Lakeland: ncjl@silvermansherliker.co.uk.
Martin D Donoghue: mdd@silvermansherliker.co.uk.
Victoria J Russell: vjr@silvermansherliker.co.uk.
Michael S Olley: mso@silvermansherliker.co.uk. |
