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A new medical 'fit note' will replace the current 'sick note' for employees as part of a Government scheme launched 28th May 2009. The development is good news for employers and employees, according to an employment law specialist.
The plans are designed to help more people stay in work rather than drift into long-term sickness. A 12-week consultation on the design of the new fit notes was launched yesterday.
The focus of the fit note will be on what people can do, rather than what they can’t do, according to the Government. The changes are intended to improve the flow of information between employers, individuals and GPs. The fit note will also suggest what employers can do to help sick staff return to work sooner, such as suggesting a different role for an individual. The fit note will be electronic, replacing the hand-written medical certificates used today.
Work and Pensions Minister Lord Bill McKenzie said that employers find managing sickness absence a challenge that is compounded by the 'sick note' system. He said the current system “makes sickness absence a black and white issue – either you are unfit for work or you are not.”
"We recognise how important it is to help people who are sick to stay in work or get back to work quickly – the new fit note will help do just that," said Lord McKenzie.
The Confederation of British Industry (CBI) has estimated that 172 million working days were lost due to absence in 2007, costing employers £13 billion. Absences that last over four weeks make up around 40% of days lost to absence, it reported.
Morag Hutchison, an employment law specialist with Pinsent Masons, the law firm behind OUT-LAW.COM, said that the new scheme is likely to benefit both employers and their staff.
“The current system causes problems for employers because there is no consideration of whether the employee is fit to perform some duties of their role even if they are unable to perform all the duties of their role,” she said. “If GPs are asked to give an indication of what an employee can do, that will enable the employer to consider whether their role can be adapted so they can return to work sooner than might otherwise by the case.”
Hutchison said that employees who are signed-off work can become detached from the workplace, particularly in cases of stress, making it harder for them to return to work.
“If a GP gives an indication of the tasks the employee could perform, that would help the employer to get them back to work sooner and is more likely to result in a positive outcome for both the employer and the employee,” she said.
The current system can cause problems for employees too, according to Hutchison.
“The issue of redundancy selection criteria is of particular relevance in the current climate,” she said. “Employers often use absence records as a selection criteria for redundancy. Under the proposed system an employee's absence record is likely to be reduced as they may be able to attend for work albeit it to perform a reduced role.”
Many employees are not entitled to any sick pay over and above their statutory sick pay entitlement which can result in them losing a significant proportion of their income if they are off sick. “Again, under the new system, there may be occasions when they are able to attend for work to carry out a reduced role whereas under the current system they would just have been signed off,” said Hutchison.
GPs are expected to have to spend more time with individuals to establish what parts of their job they are fit to perform, but Hutchison expects employers and employees to welcome the plans.
“The introduction of ‘fit notes’ would, on the face of it, appear to be a positive move for both employers and employees,” she said.
The fit notes scheme will be rolled out across Britain next spring
Sick notes to be replaced by fit notes across Britain | OUT-LAW.COM
Government Response - Health, Work and Well-being
The plans are designed to help more people stay in work rather than drift into long-term sickness. A 12-week consultation on the design of the new fit notes was launched yesterday.
The focus of the fit note will be on what people can do, rather than what they can’t do, according to the Government. The changes are intended to improve the flow of information between employers, individuals and GPs. The fit note will also suggest what employers can do to help sick staff return to work sooner, such as suggesting a different role for an individual. The fit note will be electronic, replacing the hand-written medical certificates used today.
Work and Pensions Minister Lord Bill McKenzie said that employers find managing sickness absence a challenge that is compounded by the 'sick note' system. He said the current system “makes sickness absence a black and white issue – either you are unfit for work or you are not.”
"We recognise how important it is to help people who are sick to stay in work or get back to work quickly – the new fit note will help do just that," said Lord McKenzie.
The Confederation of British Industry (CBI) has estimated that 172 million working days were lost due to absence in 2007, costing employers £13 billion. Absences that last over four weeks make up around 40% of days lost to absence, it reported.
Morag Hutchison, an employment law specialist with Pinsent Masons, the law firm behind OUT-LAW.COM, said that the new scheme is likely to benefit both employers and their staff.
“The current system causes problems for employers because there is no consideration of whether the employee is fit to perform some duties of their role even if they are unable to perform all the duties of their role,” she said. “If GPs are asked to give an indication of what an employee can do, that will enable the employer to consider whether their role can be adapted so they can return to work sooner than might otherwise by the case.”
Hutchison said that employees who are signed-off work can become detached from the workplace, particularly in cases of stress, making it harder for them to return to work.
“If a GP gives an indication of the tasks the employee could perform, that would help the employer to get them back to work sooner and is more likely to result in a positive outcome for both the employer and the employee,” she said.
The current system can cause problems for employees too, according to Hutchison.
“The issue of redundancy selection criteria is of particular relevance in the current climate,” she said. “Employers often use absence records as a selection criteria for redundancy. Under the proposed system an employee's absence record is likely to be reduced as they may be able to attend for work albeit it to perform a reduced role.”
Many employees are not entitled to any sick pay over and above their statutory sick pay entitlement which can result in them losing a significant proportion of their income if they are off sick. “Again, under the new system, there may be occasions when they are able to attend for work to carry out a reduced role whereas under the current system they would just have been signed off,” said Hutchison.
GPs are expected to have to spend more time with individuals to establish what parts of their job they are fit to perform, but Hutchison expects employers and employees to welcome the plans.
“The introduction of ‘fit notes’ would, on the face of it, appear to be a positive move for both employers and employees,” she said.
The fit notes scheme will be rolled out across Britain next spring
Sick notes to be replaced by fit notes across Britain | OUT-LAW.COM
Government Response - Health, Work and Well-being
