ARE YOUR EMPLOYEES “FIT” FOR WORK?

From 6th April 2010 employees who are off work due to sickness for more than 7 days will be issued with “fit notes” instead of the old form MED3 and MED5 sick notes.  These new Statements of Fitness for Work will be issued by GPs.  The new single form is to be used for both statutory sick pay and social security claims.

The previous MED3/MED5 stated whether someone was fit for work.  GPs will now be able to state whether someone is “not fit for work” or “fit for work taking account of the following advice”.Under the new style fit note, if a GP decides that an employee is fit for work provided changes are made to the employee’s work, they must add their recommendations for adjustments.The objective is for the GP to assist the employee get back to work by suggesting, for example, a phased return to work, altered hours, amended duties or adaptations to the workplace.

Under the new Fit Note the GP can supply more details of the functional effect of the employee’s medical condition than under the old form sick notes. Inevitably, there is an overlap with the Disability Discrimination Act 1995 and the “reasonable adjustments” required to be made under that. 

 There is a risk that a GP’s recommendations may not be either reasonable or practicable as a GP is not familiar enough with the employee’s workplace to make an informed recommendation.  However, the fit note only suggests adjustments “if available, and with your employer’s agreement”.  This means that any GP recommendations are qualified to that extent.There is no doubt that fit notes will feature in claims both under the Disability Discrimination Act 1995 and the new Equality Act 2010 which we expect to start being implemented in October this year.

If you have any questions on how this may affect your business, please contact Fiona Hume on 01283 531366