The traditional GP’s sick note which we are familiar with and which is required for absences of 7 or more days of sickness absence will be replaced on 6 April with a new form of sick note - the Statement of Fitness for Work or fit note. The proposed new form is intended to shift the focus from what someone cannot do, which is what we are used to seeing on a traditional doctor’s sick note, to what someone can do. To issue the new fit note, GPs will be able to base their assessments on a face to face consultation, a telephone consultation or a report from another doctor or healthcare professional. The new form will not reveal the basis upon which the assessment was conducted. On the fit note, the GP will specify whether an employee "is not fit for work" or "may be fit for work taking account of the following advice:". The new fit note will list the common types of changes employers can introduce to assist a return to work, namely a phased return to work, amended duties, altered hours and workplace adaptations. This is not an exhaustive list of options available and the GP can make alternative suggestions in the comments box. Employers will not be bound to implement a GP’s suggestions as the fit note is intended to be advice from a GP to their patient, but Employers will need to be aware of their obligations under the Disability Discrimination Act 1995 to make reasonable adjustments. It will be for the Employer, in consultation with the Employee, to make the decision as to whether they can accommodate any changes to facilitate a return to work. In the event that an Employer cannot facilitate a change or an adjustment, the fit note will then function as if it were a "not fit for work " statement. Employees may try to use a "may be fit for work" note as a "not fit for work" note in order to be signed off work for a longer period where an employer cannot accommodate the proposed change stated on the fit note but suggests other changes that can be accommodated. This may arise most commonly where businesses offer enhanced sick pay. If an Employee refuses to return to work after reasonable adjustments have been proposed, disciplinary action could be appropriate or statutory sick pay may be stopped. On the face of it, the proposed change could be interpreted as a fairly minor change in the grand scheme of employment procedures but in practice, businesses may face several practical challenges when the new forms start coming through from 6 April.
