Date 16 June 2009
The ongoing difficulties caused to employers by employees on long term sick leave, and the lack of information provided by GPs, has been recognised by the Government who have recently launched a consultation. This has come in response to Dame Carol Black's review of the health of Britain's working age population March 2008.
The proposals are that the standard MED 3 sick notes, which usually would simply state that an employee is "unfit to work", will be replaced by a "Fit Note" which will provide much more detailed information regarding potential changes to an employee's working environment or job role which could facilitate a return to work. Employers will not be obliged to implement doctors' suggestions but it will be up to employers to consider all the circumstances in order to determine that they accept that the employee is not capable of work. Of course, employers must still be aware of the Disability Discrimination Act, and their obligations to make reasonable adjustments in that regard.
It is hoped that this will provide employers with much needed assistance when assessing an employee's health, rather than having to work with the very limited information that they currently get from employees' GPs, and spending further costs and time on occupational health advice. It is hoped that this will also help more employees to stay in work, rather than drift into long term sickness, which is a difficult and costly issue for employers to resolve. The notes will be developed with the support of healthcare professionals, employers' representatives and trade unions and it is anticipated that these new "Fit notes" will be rolled out in the Spring of 2010 instead. It is hoped that they will be computer generated and therefore available by email, providing easier and quicker access and hopefully a more efficient system.
If you have any queries as to the implications that this case could have on your organisation, please contact Helen Duffy on 01727 798021 or by email at helen.duffy@salaw.com.
© SA Law 2009
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