Susan's Legal Bits

In April 2010 Susan was interested in the question...

...Sickies or Fitties? The New 'Fit Note' system

As of 6 April this year the Government has seen fit to introduce a new scheme whereby Doctors can present an unwell employee with a fit note rather than a sick note (signing someone off for absences of 7 days or more)...yes...I have concerns too! But the premise behind it is a good one. Instead of signing people off work for certain periods of time the Doctor will instead have a choice and will be able to give the employee a fit note which states something along the lines of "this employee can return to work but with these changes......"

Those temporary changes that the Doctors may recommend could be anything ranging from reduced working hours, changes to responsibilities or tasks, or even a move in the office and will take into account the reason why the employee was unable to attend work in the first place.

Of course on one hand employers are going to relish the idea of having fewer employees signed off work for substantial periods, but the fit note does have consequences as employers have to analyse the GPs advice and see if the changes advised are reasonable in relation to having that employee come back to work.

Reduced hours or reduced duties should, from an employer's perspective, warrant a reduced wage. A change of equipment or office move will cost employer's money. The alternative though is the employee staying off work. What will employer's do? I'm sure it will be wide ranging as always.

Whether or not there will be penalties if an employer refuses to make the changes a GP advises is yet to be seen but I anticipate a few challenges coming our way as the months go by. The TUC are already encouraging employees to seek 'advice' if their employer does not go far enough with the changes and have suggested that resistance should be given if an employer tries to reduce wages in line with reduced duties.....

It's a shame working relationships sometimes have to be so antagonistic but I guess that's how Unions, Employment Lawyers and, yes, HR Managers, warrant their use in this world of ours.

I'm sure there will be lots to come on this topic and I'll be looking out for my first 'fit' note from a member of staff here at waterside HQ!

Have a good, well, and healthy month.

All comments provided on my blog are for informational purposes only. My thoughts and opinions are my own with agreement from my employer as being suitable for sharing with the wider world. Any advice, or writing that might be taken as advice, should not be deemed in any way as professional Legal advice and are only the musings of a HR practioner whose sole aim is to help where she can.