Latest Information

New ‘Fit Note’ Scheme

08/06/2009

Sick leave costs the economy £100bn a year, including the loss of about 172 million working days.

In a bid to combat this the Government is now proposing, subject to consultation, to introduce new 'fit notes' that will replace the usual MED3 sick notes. The fit note will be electronic, replacing the hand-written medical certificates used today.

Rather than just selecting from the usual fit/unfit to work options, a doctor will now be able to specify that the employee is fit for some work and suggest how an unwell employee can be eased back into the workplace .

It is hoped that the new regime will help more employees stay in the working environment rather than being allowed to drift into long-term sickness absence. The fit note will enable both employees and employers to get the best possible advice about staying in work and what adjustments can be made to help the employee to return to work sooner.

The scheme will not impose an obligation on employers to implement the doctor's suggestions but it will be up to employers to consider all the circumstances in order to determine if they accept that their employee is not capable of work.

Employers should bear in mind the duty imposed by the Disability Discrimination Act to make reasonable adjustments to ensure that a disable employee does not suffer a substantial disadvantage at work.

It is anticipated that the new scheme will be introduced by Spring 2010.

KBL has significant experience advising and assisting clients in relation to employment law and Human Resources issues. We also provide in-house training sessions to employer’s management staff to ensure they are equipped to tackle employment issues including employee grievances and complaints of harassment.

If you require advice or assistance in respect of the above or any other employment matter, please call or email John Hassells, Head of Employment on 01204 527777.

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