'Sick' Note to 'Fit' Note

The government announced late last week that it is consulting on a proposal to abolish the current ‘sick note’ and replace it with a ‘fit note. Our HR consultant, John Palmer explains more.

The change of emphasis will focus on what an employee can do rather than simply confirming that they are unfit for work as under the current scheme. The proposal is out for consultation with a view to coming into force next year.

What does this mean for businesses? It is a little too early to say. Doctor’s are concerned as it will place the onus on them to decide what a patient can do without knowing the details of their job; we suspect they will act cautiously and decide that patients can’t do most things, at least until they get used to the system.

It possibly means greater use by employers of occupational nurses and health physicians to help manage their sickness and absence problems. It will almost certainly change the way we manage employees off work sick.

We are also waiting a decision on holiday entitlement for employees on long term sick. The House of Lords is currently considering this matter and will give a judgment in the very near future. At present an employee on long term sick cannot take holiday; if they are sick this overrides their right to holiday.

This has been challenged and it is likely that a decision will be made that holiday entitlement will be capable of being ‘earned’ even when an employee is absent on long term sickness. If this is the case – and we suggest that this is what will be decided – then the tricky bit may be how that holiday is paid out.

One possible solution may be for an employee on long term sick to have the right to take holiday during their sickness and get their pay uprated to full pay for the length of the holiday. Another may be that all entitlement may be accumulated and taken at the point when the person is fit to return to work or their employment ends.

Any of these outcome may have serious ramifications both for employers and employees with long term absences.

For more information this or advice on human resources, please contact John Palmer on john.palmer@harveyingram.com or call 0116 257 4407.