Fit-to-work culture
absence from work due to illness costs the British economy around £100bn a year. Now, under new reforms which apply to employees who are off sick for seven days or more, GPs can still confirm that an employee is not only 'not fit for work', but can also say they 'may be fit for work taking account of the following advice'.
With the new Statement of Fitness to Work (fit-note), GPs can say how an employee's illness will affect their ability to work - a shift of focus onto the tasks that an employee can perform, rather than what they cannot do. GPs can also suggest simple adjustments to the workplace to enable employees to return to work earlier, such as a phased return, amended tasks and flexible working.
While the GP's advice is not binding, it places a responsibility on the employer to discuss with the employee whether they can return to work in light of the recommendations, and whether changes will need to be made to support their return to work.
The reforms should prove beneficial to employers by helping them retain their workforce and improve productivity, as, in some cases, employees who would otherwise have been signed off work may still be able to undertake some duties. Also, the cost to businesses of sickness absence and sick pay will be reduced.
For employees, research shows that working can be good for your health and speed-up recovery.
However, employers may be uncertain about what adjustments they should make to the workplace, and how to deal with knock-on effects with other employees. They will also have to shoulder any costs incurred as a result of this, which could be difficult for smaller companies.
The issue of adjustments could also lead to conflict between employers and employees, for example, in relation to the nature of any adjustments to be made and whether or not they are sufficient to enable the employee to return.
From an employee's perspective, if their GP says they 'may be fit for work', there could be an inclination to return before a full recovery is made, possibly to the further detriment of their health. Also, employees may be reluctant to take sick-leave during this time of economic uncertainty, for fear of losing their job.
To be successful the new system will require a shift in attitude by GPs from the belief that employees have to be completely fit to return to work.
Although doctors have more responsibility and a greater role in an employee's health, they may not be sufficiently well-informed about an employee's work situation in order to make appropriate judgements about what an employee can still do, let alone make suggestions about changes. Also, they are only getting the employee's version of events.
Jobsite users can have a free initial consultation on employment law issues from Philip Landau. 020 7357 9494. www.jobsite.co.uk
This article appeared in Royal Borough Observer 02 Sep 10
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