News & events

Press Releases

Sort by:

Press Office

For all media enquiries contact Edwards Harvey PR on 01622 604600 or email enquiries@edwardsharvey.com

You are here: Home > News & events > Press Releases > New Fit Note could be a mixed blessing

New Fit Note could be a mixed blessing

30 March 2010

With work-related illness costing the UK around £100 billion a year, the new fit note – which comes into force on April 6 – could potentially give the economy a boost, says Kent employment lawyer Melissa Edmond.

But the new system might be a bit of a mixed blessing, warns Melissa – a member of the employment team at leading regional law firm Furley Page. Problems may arise for employers if a GP’s recommendation is unrealistic or expensive to implement.

To clarify, the fit note is a medical certificate issued by GPs which records whether an employee is either ‘not fit to work’ or ‘may be fit to work taking account of the following advice’. 

If the GP decides on the latter option they are required to describe the effects of an employee’s condition and suggest one of four possible solutions an employer can implement to assist the employee’s return to work. These are: a phased return to work; amended duties; altered hours or workplace adaptation.

Melissa points out: “While an employer isn’t bound to follow any recommendations made by the GP, tribunals are guaranteed to look at the employer’s response to a fit note in order to test the strength of a capability reason and the fairness of a dismissal process. Failure to consider and act on a GP’s advice could result in various claims including constructive dismissal or disability discrimination.”

The Government is due to publish an evaluation of the new system in 2012/13.

For further information on the new system contact Melissa Edmond on 01227 763939.
 

‹ Back

Quick contact

Furley Page Solicitors in Kent, London, Canterbury, Chatham & Whitstable
Get in touch on 0845 603 10 57