Question

Too many of my employees are taking too long off work sick. I've heard there are changes afoot to the sick note system. What are they?

Answer

The days of the sick note came to an end on the 6th April 2010. You and all employers should expect the first "fit notes" from employees later this month.

The change aims to get employees back to work earlier than the current system, helping to reduce sickness absence and improve productivity.

But it brings with it a requirement, in some cases, for employers to consider adjustments to worker's duties, hours or place of work to enable that employee to return to work.

The fit note gives GPs two options – to declare the employee "unfit for work", in effect the same declaration as the sick note, or the GP can declare the employee "may be fit for work taking account of the following advice".

The GP can then select one of four possible boxes containing advice.

They are:

• A phased return to work, for example a gradual increase in employee's hours or duties.


• Altered hours, for example flexible hours to enable the employee to attend treatment sessions during working hours.


• Amended duties, for example removing part of an employee's job which exacerbates their condition.


• Work place adaptations, for example changing the location of an employee's workstation.

GPs also have a comments box to suggest other adjustments.

The GP's suggestions are not legally binding. For instance, if you cannot make the suggested changes, the fit note is evidence that the employee is unfit for work.

However, if the employee is disabled, then you will be under a duty to make reasonable adjustments.

We are advising employers that they need systems in place so that a discussion can take place with the employee once they have presented a fit note which suggests adjustments.

Employees should be aware that if the employee's condition amounts to a disability, the employer is under a duty to make reasonable adjustments to prevent that person from being disadvantaged.

The fit note will not preclude employers from seeking advice from occupational health if they wish to try and facilitate an employee's earlier return to work.



Paula Bailey
Head of Employment Law
Howes Percival LLP