“Fit notes” to be launched in April 2010

Following a consultation period between 28 May and 31 August 2009, The UK Government has now confirmed that it intends to replace the current sick note scheme with “fit notes” (or, more formally, “Statements of Fitness for Work”). These fit notes will require GPs to tick one of two boxes stating either “I advise you that you are not fit for work” or “I advise you that you may be fit for work taking account of the following advice”. The GP can then tick a box indicating that they consider the employee could benefit from one of 4 options “if available, and with your employer’s agreement”. These options are considered to be the most common changes that would facilitate a return to work and are quite generalised in nature. They are:

• a phased return to work;
• amended duties;
• altered hours; and
• workplace adaptions.

The GP also can add further comments or make their own suggestions.

The phrasing of the new fit notes is intended to acknowledge that it is not the doctor but the employer, in consultation with the employee, who is best placed to make a decision as to whether they can accomodate any changes to facilitate a return to work.

Despite concerns raised in the consultation process that employers and GPs will need time to adapt to the new procedures, the Government has stated that it believes the new system will help support more people with health conditions return to work. It therefore intends to introduce the new scheme “at the earliest opportunity”, which means that it will come into effect on 6 April 2010. Employers will therefore need to make sure that they understand and are ready to deal with the new system by that date.

The Government’s response to the consultation and a sample fit note can be found at: http://www.dwp.gov.uk/docs/reform-med-stat-govt-response-29jan10.pdf