Fit Notes to replace Sick Notes from April 2010

The Government has published its response to last year’s consultation on replacing sick notes (medical statements) with “fit notes” and has confirmed its intention to launch them in April 2010.

The aim behind the new scheme is to support employers to respond more flexibly to sickness absence and improve productivity overall. Absenteeism from work due to ill health costs the UK economy on average £100 billion each year with an estimated £13 billion borne directly by businesses themselves.

Currently sick notes are categorical in stating that either an individual is completely fit for work or they are not. The new system, as laid out in the Social Security (Medical Evidence) and the Statutory Sick Pay (Medical Evidence) (Amendment) Regulations 2010 will change the existing format of a sick note.

There will no longer be a “fit for work” option as it was felt that GP’s did not have the appropriate knowledge about an individual’s job role to be able to assess this. The medical statement will provide an option for the GP to indicate that the individual “may be fit for work taking account of the following advice”. This will provide the GP with the opportunity to suggest practical advice which may include a phased return to work, a temporary reduction in hours, amending duties or workplace adaptations or another option that they consider appropriate. The GP’s recommendations are not binding but the intention is that the employer can then, in consultation with the individual employee, make the decision as to whether they can accommodate such changes to facilitate a return to work.

There will also be a reduction to the maximum length of time that a medical statement can be issued for during the first six months of sickness absence. This will reduce from 6 months to 3 months. GPs will also be able to issue computerised statements instead of writing them by hand.

Specific guidance is expected to be available shortly for employees, employers and healthcare professionals. In the meantime, the potential impact of these changes is being debated. Although there is no obligation on employers to act on GP’s recommendations and the Government is stressing that the focus of this change is to provide a tool to help employers and employees better understand what work they can do with some basic support it is easy to see that the new fit notes could become a cause of disagreement between employees and employers.

It is likely that they may also provide important evidence in disability discrimination cases, particularly where there are arguments around failure to make reasonable adjustments. An employer should still, however, seek to obtain a specialist medical report where they suspect that the employee’s condition may amount to a disability.