The People Bulletin

The Employment Law Association (ELA) has responded to the government’s consultation on replacing ‘sick notes’ with ‘fit notes’. This consultation closed on 19 August 2009 (see www.dwp.gov.uk/newsroom/press-releases/2009/july-2009/dwp010-09-090709.shtml). While employers and GPs believe the sick note system is by no means satisfactory, the ‘fit note’ regime does, according to the ELA increase the potential for conflict between employers and employees over scope of workplace changes to be made to accommodate partially-fit returners. The ELA also found that GPs would need to make decisions about partial fitness to return to work without proper knowledge of what an employer’s job entails. Other concerns raised by the ELA include:

• the absence of distinction in the fit note between employees on long-term or short-term sick leave – would employers really be expected to incur the expense of workplace adaptations for someone with a short-term acute illness;
• that GPs’ relationships with patients could be undermined by greater liaison with employers and the potential that employees may feel forced to accept an early return to work;
• the impact of the costs and resources involved for different employers – large companies may have occupational health advisers in-house and be better able to afford the cost of making workplace changes to accommodate a partially-fit returner whereas smaller companies could struggle; and
• the potential for disputes arising from the difference between employers’ responses to ‘fit note’ requirements and their obligations to make workplace adjustments under current disability discrimination laws.

Commenting on the proposals, Sue Ashtiany, head of employment at Nabarro LLP and leader of the ELA’s response to the government said: ‘We are concerned that “fit notes” may create unintended pressure for all parties especially the GPs and the employers. GPs will be expected to make judgements about the health of an employee without knowing enough about their employment, and employers will be uncertain about measures and allowances they will be expected to make for those who are now “fit for some work now”. I believe this will become an area of contention and dispute with employers, and without having these concerns ironed out, I question whether this new initiative will be successful in cutting long-term sick lists.’

See also previous news items in the People Bulletin on fit notes: Consultation begins on ‘fit notes’ (2 June 2009): http://news.thepeoplebulletin.co.uk/wordpress/news/consultation-begins-on-%e2%80%98fit-notes%e2%80%99/‘Fit notes’ long overdue, according to latest research (22 May 2009) http://news.thepeoplebulletin.co.uk/wordpress/news/consultation-begins-on-%e2%80%98fit-notes%e2%80%99/