Fit Notes, not Sick Notes
From the 6th April 2010 new documentation is introduced to replace sick notes with fit notes in an effort to get employees back to work quicker. Brendan Wincott, mhl’s Employment Law Compliance Officer tells us more about the new changes.
“Prior to today, a Doctor only really had two choices - either sign the employee off with a sick note or advise them that they are still well enough to attend work. However, this left out an option that could be available for those who whilst not able to undertake their full duties may be able to perform some tasks such as light duties.”
The new fit notes are hoped to get more people back at work quicker and provide employers with greater scope to manage absence in the workplace. Brendan explained that “the fit note will continue to have provision for a Doctor to confirm that a patient is not fit for work. But in addition, there will be a new option to confirm that the patient may be fit for some work and for the doctor to suggest a phased return to work, altered hours, amended duties, or workplace adaptations. Additionally after these tick boxes, there is also space for the doctor to provide further recommendation on how the employer can assist the patient with a return to work.”
Asked if employers have to implement these recommendations, Brendan explained that “the short answer is no, employers typically recruit an employee to perform a specified task. If they are not able to perform that function, then generally the employer has no obligation to offer them alternative work. However, employers need to be aware of the provisions of the Disability Discrimination Act 1995 as this obliges employer to make reasonable adjustments where an employee is placed at a disadvantage because of a disability and the suggestions from the employee’s doctor will certainly be a good starting point”.
It is important for employers to be aware of their responsibilities under the new fit note system. In the case of disability-related absence, falling foul of the requirement to make reasonable adjustments can be costly for an employer. Last year, the highest award for disability discrimination alone was £388,612 with the average award reaching £27,235. However, compensation can be uncapped, and it is not unusual to see compensation reaching 6-figure sums.”
mhl has a team of specialist and experienced advisers who are able to tell you more about the new fit note changes and to assist you with managing sickness absence in the workplace. If you are an existing client, please call one of the team today on 08453 100 999 quoting your PCN number. If you are not already a client, but are interested in learning more about the services mhl provide, please call Katy Vaughan today on 08453 100 600 for your free no obligation quote.
