Employers urged to tread carefully with new sick note regime

Published: 4th March 2010

A leading law firm is urging employers to prepare for a new sick note regime coming into force on April 6 which aims to tackle the problems of absenteeism which costs the UK economy £100bn a year.

Mace & Jones law firm said from April 6 the sick note will be replaced with fit notes. Under the present system the sick note comment from an employees' GP is limited to 'unfit for work'. However under the new rules doctors will have a choice, the individual is either 'not fit for work' or 'may be fit for work' taking into account the GP's advice.

Mace & Jones employment law solicitor Claire Hollins said providing another option means doctors will be able to advise employers that the employee could return to work under certain conditions.

"The doctor is required to specify if the employee could be assisted in their return to work by temporary arrangements," she said. "These may include a phased return to work, amended duties, altered hours or workplace adaptations."

Miss Hollins urged employers eager to embrace the new rules to tread carefully.

"As with any new legal change this will take time to bed down in practice," she said. "We fully understand that recession stricken firms and organisations will be keen to use this regime to get all available hands on the deck. And while the system is designed to get people who can work back into work employers need to be cautious. GPs will have limited knowledge of the employee's workplace and what their job entails. The doctors recommendations are therefore really intended to encourage discussions between employer and employee to work out exactly what changes can be made to enable the person to work."

For further information on managing the new system or any employment law query contact claire.hollins@maceandjones.co.uk or any member of the Mace & Jones employment team in Manchester: 0161 214 0500, Liverpool: 0151 236 8989 or Knutsford: 01565 634234