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'Fit notes' to replace 'sick notes' in an effort to reduce absence from work

Employment legislation rarely stands still and this continues to be the case in 2010 as major changes are made to legislation on employee sick notes.

Come April this year, traditional sick notes from doctors will be replaced with fit notes. In the past, doctors’ sick notes confirmed that an employee was unfit to work. Fit notes, however, will allow doctors to indicate whether an employee is capable of doing some work. For example, if an employee can work from  home until they are 100% fit rather than coming into the office or if they can do some light duties rather than heavy manual work.

It is hoped that the new fit notes will discourage sickness absence and allow doctors to provide employers with the best possible advice on assessing an employee’s health, making suggestions as to how an employer might accommodate a return to work.

The new fit notes will create a major shake-up of the current system. Employers who fail to take action as a result of suggestions made by an employee’s doctor may find it more difficult to defend disability discrimination claims and to argue why the “reasonable adjustments” suggested by the doctor were not adopted to enable the employee to return to work. However, it is important to note that a doctor’s recommendation to an employer on a fit note will not be binding.

For more information, contact:
Heather Matheson
Tel: 01708 759 759
Email: hmatheson@hrinsight.co.uk

PR enquiries:
Layisha Laypang
Tel: 020 7566 3574
Email: llaypang@kingstonsmith.co.uk