GPs could be encouraged to issue fewer not fit for work 'fit notes'

When the so-called statement of fitness for work (or ‘fit note’) was introduced in April 2010, one of the advantages to me as an employment solicitor advising both employees and employers, was that a GP had options to say the individual was ‘not fit for work’ or ‘may be fit for work taking account of the following advice’. However, my experience is that ‘may be fit for work’ is relatively rarely used.

According to recent reports, such as Sick note crackdown to get more people back into work (telegraph.co.uk) and Doctors may be told to sign fewer people off work – what would that mean for HR? (peoplemanagement.co.uk), GPs could be encouraged to use ‘may be fit for work’ more and this has resulted in debate as to how this could impact employers and how employers can address it.

Some commentary suggests that employers should invest in employee wellbeing initiatives and, absolutely, they should. However, not all absence is the result of the workplace environment but it may contribute, and in any event a healthy workplace environment is good practice for a whole host of reasons. Other commentary suggests increased use of ‘may be fit for work’ will add to the workload of HR. This is almost inevitable, but it ignores two key points for me.

1. It is not just HR (if there is an HR part to an organisation) that has responsibility for managing sickness absence. 
   This responsibility should be embedded across the organisation and, in particular, in line managers and senior managers who engage with their staff to understand a health situation and how the individual can be supported to return to work – when it is right for them but earlier than might have been the case if advice from GPs hasn’t been given and adjustments at work not, therefore, considered.

2. The workload already exists to a greater or lesser extent: absent staff should for example, have regular contact and ultimately might be performance managed or, in some cases, dismissed due to their absence and capability.

I cannot help but think encouraging GPs to think about the steps that employers must follow (as well as the individual themselves) which would assist an early return, must be a good thing for both the individual and the employer.

Our specialist team would be pleased to talk to you if you are considering a fit note for an employee which includes advice to support the employee’s return, and discuss with you how we might be able to support you through the process. 

We can provide this support under our fixed fee BLHR offering (https://www.birkettlong.co.uk/site/in-business/employment-hr/birkett-long-human-resources/) or, if you prefer, we can provide an estimate of costs as the case progresses. 

You might also want to consider training within your organisation for those who manage absences so that they can take steps with confidence and to the benefit of the individual, the managers, the team and, ultimately, the organisation (https://www.birkettlong.co.uk/site/in-business/employment-hr/birkett-long-human-resources/employment-law-hr-service/). 

If you are an employer who is struggling with managing employee absence, then please get in touch to see how we can help. 

You can email me at julie.temple@birkettlong.co.uk