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Calibre HR & Training provides HR services to small and medium-sized organisations with limited HR resource. Based in Boughton Aluph, near Ashford, Kent, we also deliver bespoke training programmes to large public and private sector organisations nationwide.

Employment Law Changes April 2010: Fit Note

May 14th, 2010

What’s new?

The fit note replaced the sick note on April 6, 2010. The regulations allow doctors to inform the employer if the patient is fit for any work, with employer support.

The doctor might suggest changes that could make it possible for the employee to return to work. This could include a phased return, altered hours or amended duties such as lighter duties or being allowed to sit down. In the case of those who have been off work for some time, the doctor could recommend workplace adaptations.

The employer needs to consider these suggestions, but does not necessarily have to implement all of them.

What you need to do

In the majority of cases you will continue to receive a certificate saying the employee is either fit or not fit for work. However, in some circumstances where the doctor considers a return to work on a gradual or revised basis might help the employee’s recovery, they will tick the box on the form saying they consider the employee fit for some work.  In such cases the GP will already have had a conversation with the employee about what they consider would be a good way to re-introduce them into work.

You need to meet with the employee and discuss what is possible for a phased return to work or any amendments to the work to fit in with the GP’s recommendations.  Remember, the fit note was designed to try and get people back to work sooner.  You do not have to agree to major changes if they do not suit your business, but you must have a good business case for not agreeing to these changes.

Make sure your managers and supervisors are aware of their responsibilities in this area. You should also take precautions to ensure they understand that a returning employee may have some limitations on what they can do initially.

For more information see our Managing Sickness Absence Factsheet

What we think this will mean

I suspect the fit note will help employees on long-term sick into a phased return. Hopefully, it will also help the long-term sick back to work when what they need is additional support from their employer. (See Cary Cooper’s blog post Is the Fit Note Working? to share your experiences).

A lot will of course depend on the co-operation of the employee in wanting to return to work once they are beginning to make a recovery. It will also be critical how you reassure them that appropriate support will be given during this transitional period.

As for the success of the system as a whole, we will have to wait and see. Much will depend on the co-operation between all three parties: the patient, the GP and the employer.

I suspect small businesses are probably wrong to worry excessively about this – a recent survey suggested 35 per cent of small business believe the fit note will have a very negative impact on the business.

However, within a week of the fit note’s luanch, two clients had phoned to ask how the new form works. Both queries seem to indicate that in some cases GPs are unsure about the form and how it should be used. Hopefully just teething troubles.

Download our Managing Sickness Absence Factsheet to find out more.

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