Jun
16
Written by:
FJG
16/06/2010 08:47
Attempts to end the malaise of sickness in the workplace are now being stepped up with the introduction of a new ‘fit note’ system, which Colchester-based legal firm Fisher Jones Greenwood LLP says should help reduce long-term illness within the Essex workforce.
Fit notes have now replaced sick notes, which simply stated whether an employee should refrain from work or not. The new system allows GPs to decide if the employee can perform certain tasks and what adjustments could assist their return to work.
Fisher Jones Greenwood employment expert Lara Kennedy explained: “With the new fit note, the GP can give an explanation of how the condition affects the employee. He or she can also offer advice on when they may be fit to go back to work and suggest ways to assist their return. This could be through flexible working, altered hours, a phased return or adjustments in their role or workplace. If employers cannot put these adjustments in place, they will regard the GP’s note as stating that the staff member is not fit to return to work”
Lara emphasised that “the obligations to pay statutory sick pay remain unchanged and benefits can still be applied for even if the employee is regarded by the GP as ‘may be fit for work’. It is therefore important for employers to look at their sickness policies and how they manage long and short-term illness. Otherwise, in a worst-case scenario, they could risk being sued for unfair dismissal. The new fit notes should help reduce long-term ill health because employees will not feel pushed into performing above their physical capabilities. Employers will also benefit as there will be less abuse of the system.”
Fisher Jones Greenwood LLP holds the prestigious Lexcel Law Society quality mark and is recommended by the Legal 500 for commercial law. It has also won the Legal Aid Lawyer of the Year Award and Business in the Community East of England Leadership Award for Pro Bono Company of the Year. The practice is both a commercial and family law firm, but is one of very few suppliers in East Anglia that provides social welfare law services.