News Analysis: Is new note approach fit for purpose?

On 6 April "Fit Notes" replaced "Sick Notes" meaning doctors now have the option of classifying people as either 'not fit for work' or 'may be fit for work'. In the latter case they may advise a phased return to work, altered hours, amended duties or changes to the workplace.

Employers are not legally bound to make the changes on the note; if they don't, the note is viewed as a 'not fit for work' statement. The government hopes the change will lead to more support to help staff return to work more quickly. The changes came after Dame Black's review in 2008, Improving health and work: changing lives, found that 175 million working days a year were being lost to illness in the UK at a cost of over £100bn.

In its report, Fit for work - Are you ready? QBE stated that the introduction of "Fit Notes" puts the onus on organisations to prioritise ensuring absence management is right first time. The insurer recommended that: "Senior managers consider the potential impact of the introduction of the fit note system to their own organisations, and place health management higher on the agenda."

Chubb also pointed out the scheme could influence the role of employer's insurance liability in the event of a claim from an employee trying to prove negligence.

Robert Tailby, loss control specialist at Chubb Insurance, noted: "This might arise if the employer failed to take sufficient account of the information on the fit note when bringing the worker back into the workplace and the person suffered harm as a result."

However, he stressed that with the right approach no grounds should arise on which a personal injury claim could be made.

He concluded: "The fit note does not create any new 'duty of care', but it does highlight the need for employers to ensure that all instances of absence and return to work after sickness are properly managed."

While there are no changes regarding obligations surrounding statutory sick pay, broker managers are likely to be seeing "Fit Notes" in the future.

The key changes
• Focuses on what people can do as opposed to what they can't
• Discourages the notion that somebody has to be 100% fit before returning to work
• Encourages a dialogue between employers and employees to facilitate an earlier return to work
• The longest a GP will be able to sign somebody off sick for is to be reduced from six months to three

Source: QBE Issues Forum, Fit for work - Are you ready?

Click here for more information on Fit Notes.

Source: PB – May 2010