Reforming the Medical Statement – the new “fit note” system

PPMA WEBSITE EMPLOYMENT LAW UPDATE February 2010 (2)

Reforming the Medical Statement – the new “fit note” system

As noted in the timetable of employment legislation for 2010, recently published on this site, the proposed change to the current format of medical statements and introduction of new “fit notes” was expected to take place this Spring. The Government had previously consulted on the draft regulations which would support these new arrangements and has now published its response. This confirms that the new system will come into force on 6 April 2010, despite concerns having been expressed that this will not provide sufficient time for the relevant stakeholders to familiarise themselves with and prepare for the new “fit notes”.

The aim of the new system is to allow a doctor to consider not only whether the person is unfit for work but whether they may be able to do work based on an assessment of their health condition. It is also intended to simplify the current statements. Key points of the new system are set out below.

• The statement will list common changes which could be made to an employee’s work environment or job role to help facilitate a return to work. The list will cover the main types of changes but will not be exhaustive. Where a doctor considers another option is more appropriate, they will have the opportunity to state this;

• There will no longer be a “fit for work” option as doctors were not felt to have the appropriate knowledge about individuals’ roles and the risks involved to assess this;

• There will therefore now only be two options, i.e. “unfit for work” and “you may be fit for work taking account of the following advice”. This latter option replaces the previously proposed “may be fit for some work” option, acknowledging that it is the employer, in consultation with the employee, who is best placed to decide whether they can accommodate any changes to facilitate a return to work;

• If the employer is not able to facilitate a change or an adjustment, a revised statement will not be necessary; the existing statement will be evidence that an individual has a health condition which prevents them carrying out their current role;

• The maximum duration a medical statement can be issued for is reduced from six to three months during the first six months of the person’s health condition, supporting the aim of facilitating a return to work at the earliest opportunity.

Clearly, it will be important for all the relevant parties to properly plan and prepare for the introduction of the new system. The Government intends that guidance for individuals, employers and healthcare professionals will be available shortly, together with a communications campaign to raise awareness of the changes. An evaluation of the new statement will be published in 2012/13.

For employers, the focus will be on ensuring effective absence management policies and procedures, occupational health, employee assistance programmes and other measures intended to support and enable an employee’s return to work, including consideration of the need to make reasonable adjustments in accordance with the requirements of the Disability Discrimination Act in appropriate cases.

The Social Security (Medical Evidence) and the Statutory Sick Pay (Medical Evidence) (Amendment) Regulations 2010 are available on the Office of Public Sector Information website at www.opsi.gov.uk

The Government’s response to the consultation on the draft regulations is available on the Department for Work and Pensions website at ww.dwp.gov.uk

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