The Government yesterday unveiled proposals for a new medical 'fit note' to replace the existing current sick note. The changes are intended to take effect from Spring 2010 and come in response to Dame Carol Black's 2008 report into the health of Britain's working population.
The 'fit note', which it is planned will be computer generated in GPs' surgeries, gives the GP the option to indicate when someone 'may be fit for some work now'. Where the GP does so s/he will be required to record general details of the functionality of the individual's condition. This information it is hoped will facilitate the discussions between employer and employee about what steps can be taken to achieve the employee's return to work. Although the current sick note includes a 'remarks' section, its primary focus has been on the individual's health condition and how long s/he should be absent from work.
The new note is aimed at getting people back to work quickly from sickness, rather than to let them drift into long-term absence. The exact form of the note is still under discussion and other proposals include allowing GPs to suggest where employees may benefit from common types of workplace or job changes, e.g. phased return to work or altered hours or even an occupational health referral.
The proposals suggest a new system that should help employers assess an employee's medical condition. However, employers will not be bound by the GP's recommendations and will remain responsible for ensuring that the employee is fit to return to work under the terms of his/ her contract. Prudent employers will therefore not follow GP recommendations in isolation and should, in particular, bear in mind their responsibilities and possible exposure under the Disability Discrimination Act 1995.
The 12-week consultation on the proposals for the new 'fit note' closes on 19 August 2009.
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The original publication date for this article was 29/05/2009.
