Ramsey Employment Law

Taking a ‘fit’

New changes have altered the use of ‘sick notes’. The new ‘fit note’ allows your doctor to provide you with more information on how your condition affects your ability to work. This will help your employer to understand how they might be able to help you return to work sooner.

The changes mean that your doctor can:

• Advise employees when they may be fit for work with some support
• Suggest common ways to help employees return to work
• Give information on how an employee’s condition will affect what they can do

The fit note can still be used as evidence for why employees cannot work due to illness or an injury. They still won't need the fit note as evidence until after your seventh calendar day of sickness. If an employee needs to apply for benefit the rules and processes have not changed. If their doctor has recommended that they 'may be fit for work', it may still be possible to apply for benefits.

When your doctor provides an employee with a fit note they will advise them on one of two options. Either they will be 'not fit for work' or 'may be fit for work':

Not fit for work

The doctor will choose this option when they believe that the health condition will prevent the employee from working for a stated period of time.

May be fit for work

The doctor will choose this option when they believe that the employee may be able to return to work while they recover with some help from your employer.

The doctor may include some comments which will help you understand how the employee are affected by their condition. If appropriate, they can also suggest one or more common ways to help the employee return to work.

This could include:

• A phased return to work – the employee may benefit from a gradual increase in their work duties or working hours, for example after an operation or after injury
• Altered hours - allowing the employee the flexibility to start or leave later owing to their personal circumstances
• Amended duties – such as removing heavy lifting if they have had a back injury
• Changes to your workplace - to take into account their condition, for example allowing them to work on the ground floor if they have problems going up and down stairs

If the doctor has indicated that the employee 'may be fit for work', the fit note will give the employer the information needed to begin a discussion on whether the employee can return to work.

Ramsay Employment Law can provide both HR and legal advice on how to handle sickness policy and procedure. We also have experience handling issues involving Statutory Sick Pay and holiday entitlement. Please contact us on 0141 248 6996 or email us on akhan@ramsayemploymentlaw.co.uk for more information.