There has been much recent coverage in the media about the new “fit notes” designed to help get people back to work after or even during a sickness sooner than at present. To call the new notes “fit notes” is a misnomer: the new form of sick note will say whether someone is not fit for work or may be fit for work. There is in fact no option of stating that someone is fit for work. If a person is fit for work then the doctor simply does not write out a sick note at all
All the problems for employers and employees associated with someone signed off as “not fit for work” remain. The new “may be fit for work” category is bound to bring a whole range of issues, many of them probably capable of being resolved by sensible discussion. As the DWP states, there may be fruitful outcomes from consideration being given to phased return to work, altered hours, amended duties or workplace adaptations.
It remains to be seen how active doctors will be in making suggestions. In some categories this may be easy and uncontentious - a phased return after long illness makes sense all round. However, what of the employee off sick because of work-related stress? Will doctors be prepared to say that an employee may be fit for work provided, for example, “Mr Hatchet does not manage” the employee? That may be a doctor going a stage too far but what about a statement that the employee may be fit to return “if management is more gentle” with the employee? The implications for employers and employees of such a note may be far-ranging. Does the employee want the employer to know that ungentle handling is the source of trouble? How does the company react? Will the busy doctor have time to explain fully what he has in mind?
These questions highlight the fact that employees need to discuss very carefully any notes that a doctor may be proposing so that the implications for the employee are made apparent to the doctor before he commits to paper. Equally, employers should take note of what a doctor suggests. There may be no need to act but it would be prudent at the very least to discuss with the employee any remarks made by a doctor and/or to ask the doctor for further clarification.
No doubt the medical profession will tread carefully to start with. Much may depend on the general approach of any give doctor: some seem currently to sign a sick note if that is what the patient wants. Will they move from that defensive position? That is what the government wants.
