News

This article was written by Pam Loch 

Despite huge changes in the workplace since the foundation of the National Health Service it is only now, in 2009 that the Government is proposing to change from medical statements and introduce electronic “fit notes”.

In developing the new fit notes, the Government has already consulted widely with a number of GPs and employers to gain a better understanding of how this should be implemented.

There are two sets of regulations which relate to sick pay. 

One relates to Statutory Sick Pay (SSP) which is paid by an employer and the other set relates to state benefits paid by Jobcentre Plus.  The Government intends to replace the two different sets with one set of amending regulations.  To qualify for SSP an employee must be absent from work due to ill health and, for the first seven days, the employee can self certify their absence. Most employers will have a standard form available for an employee to do this. 

For absences of more than seven days an employee must obtain a medical statement, a form Med 3, also known as a sick note, from their GP.  The form is usually used simply as a mechanism to record why the employee is unwell and that they have been certified as being too unwell for work for a period of time.

Under the proposed new scheme the electronic fit note would provide an improved method of recording and analysing sickness. The new scheme would also require GPs to provide general details of the patient’s condition and what changes should be made to enable them to return to work.

However, the GPs who would be issuing the new fit notes confirming an employee’s fitness for work would not be experts in occupational health. Therefore some GPs and employers are understandably concerned that GPs may not be best placed to be issuing specific recommendations.

There is little doubt though that the customary sick note only provides evidence to certify sickness during absence. It does not go far enough to enable employers to assess how unfit the employee is which reinforces the belief that it is inappropriate to work unless a person is 100% fit and that being at work slows recovery. It also fails to allow for any consideration as to whether or not an individual’s condition could be accommodated at work to enable them to return to work.

The new fit notes should change this.

Fit notes could be particularly beneficial for employees who are prone to mental health problems and bad backs.

The fit notes should identify changes that could be made to facilitate the employee’s return to work. One example given in the Government’s consultation paper is of an employee has moderate lower back pain, where their GP suggests they will be unable to lift heavy objects and should be given the opportunity to change position or take breaks regularly.

Studies over the years have shown that an early return to work for employees can be beneficial from a health perspective for employees. However an early return to work can also help them from a financial perspective, as they could return to receive their full pay instead of reduced sick pay or no pay at all.

For employers there may still be some costs associated with making changes to facilitate the employee’s return to work. However on the plus side the employer is likely to make significant savings in reduced sick pay and saving on paying for temporary cover. The proposed new fit notes would certainly appear to be fitter for purpose than the current system.