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From sick note to fit note

8 April 2010

Employers should be reviewing their sickness procedures to take account of changes to GPs' medical statements for sick absence.

As of 6 April the ‘sick note’ issued by GPs to certify sickness absence has changed from being a statement that an employee can not work to one that indicates what they might be able to do.

The basic purpose has not changed – it will still be used as confirmation of an illness if an employee is claiming sick pay.

But the stated aim of the new ‘fit notes’ is to avoid people taking sick leave when they could do some work, and to better support people in a phased return after long-term illness.

While some workplaces will already have relevant policies in place, negotiators and reps are asked to ensure sickness procedures are reviewed to ensure no detriment to existing rights, and to inform members.

What has changed?

The new medical statements will either show that a person is not fit for work or they might be fit under certain circumstances, as well as including suggestions for helping the employee back to work.

GPs are not required to write anything other than that the person has been signed off and for how long. In most cases there will be no change in the information given.

In our response to the Department for Work and Pensions’ consultation, we raised concerns that the new system was not being supported by wider changes to support health in the workplace.

What should we do?

Guidance on fit notes has been issued by the DWP and Acas, as well as the TUC, which has drawn up a checklist for union safety reps:

  • Inform members about the changes and ensure your employer knows about them
  • Seek agreement that any disputes over changes to work or working time can be dealt with by grievance procedures
  • Make sure that, where necessary, your employer’s sick absence arrangements are updated to take account of the changes
  • Seek to agree no detriment to occupational sick pay schemes. Otherwise seek an agreement that no one will lose stautory sick pay or other benefits.

Where employers use the additional information to support employees in returning to work if they want to, it could help to reduce sick absence.

But if employers try to force workers back before they are well enough, it will only lead to increased absence and increased conflict.

Information and guidance

 

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