Fit notes to include 'tick list' of options for returners

‘Fit notes’, set to replace doctors’ sick notes for employees in April, will include a tick list of options on how employers can help a patient return to work, the government has confirmed.

The latest version of the note, drawn up after a widespread consultation with interest groups, shows four courses of action that the doctor can recommend: phased return to work; amended duties; altered hours; and workplace adaptations. There will be a free-form "comments" box for when a doctor thinks another option is more appropriate. The government said the list is intended to encourage discussions between the doctor and patients, as well as between employee and employer, about the best course for getting back to work.

The Department for Work and Pensions' (DWP) response to the consultation recognised that the options listed were “not exhaustive” and may not be suitable for certain health conditions or job roles. But, it said, a more detailed list would overcomplicate the process of completing the medical statement. But doctors will not be able to recommend an option for "occupational health assessment" because of fears that this would become a default choice and simply defer decisions being made, the government said. In some circumstances such a further assessment could be suggested in the comments box.

The fit notes will also not include an option for doctors to pronounce a patient "fit for work" - instead GPs will choose from "unfit for work" and "may be fit for some work, taking account of the following advice". The government said it had taken advice from the Association of British Insurers on this issue, because of the implications for employers’ liability insurance.

Reacting to the new version of the note, Simon Rice-Birchall, partner at law firm Eversheds, said: "Employers with carefully considered return-to-work programmes will be better placed to benefit from the new regime. In contrast, employers who fail to engage with the new approach could find themselves at an increased risk of disability discrimination claims. This is because a new style report might highlight changes that an employer could make to the employee's duties or workplace that would help them return to work sooner."

Rachel Dineley, head of the diversity and discrimination unit at law firm Beachcroft, commented: "The obvious risk is that the GP will recommend a course that is costly or not feasible from the employer’s perspective. "From an employer’s perspective it will be all-important for GPs to understand the workplace environment and what, in practice, can be accommodated to facilitate a return to work. Dialogue between the GP, employee and employer will be essential to give full effect to the new regime.” Dineley warned that employers who work with occupational health practitioners may disagree with the GP's advice.

The maximum sign-off for sick employees has been reduced from six months to three months, to support the individuals' return to work at the earliest possible opportunity.

Source: People Management Online