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The Social Security (Medical Evidence) and the Statutory Sick Pay (Medical Evidence) (Amendment) Regulations 2010 are due to come in force on 6 April 2010. The Regulations provide that ‘sick notes’ are to be replaced with ‘fit notes’.
Under this new system, the fit note will state changes which could be made to the work environment or job role to help the employee return to work.
This system could cause all sorts of difficulties for employers, particularly given that the previous ‘fit for work’ option will be replaced with ‘fit for work taking account of the following advice’. As such, employers will have no alternative but to discuss with employees any changes that they need to make to facilitate a return to work.
If an employer is not able to make those changes, then the fit note can be used as evidence to show that an employee has a condition which prevents him for carrying out his role. However, employers will need to be wary of using this method to terminate employees' contracts due to the possible implications of the Disability Discrimination Act 1995.
The Government will be issuing further guidance in due course, but in the meantime, employers need to consider how this will affect their current return to work practices.
February 2010
