April 6 saw the introduction of the Statement of Fitness for Work or fit note which replaces the sick note and it predicted to save UK plc around £240 million, insists Fergal Dowling, head of employment law at national law firm Irwin Mitchell.
England fans have been fretting over Ashley Cole's broken ankle and whether he will be fit to play in this summer's World Cup. Concerns over fitness, however, are not restricted to the business of football. April 6 saw the introduction of the Statement of Fitness for Work or fit note, which replaces the sick note, and features a new philosophy of 'may be fit for work'.

The change is hoped to encourage workers, who have been absent from the workplace, to liaise with doctors and employers about returning to work.

Drivers behind this include evidence that long term absence can impact upon employees' well-being. There are also economic factors at work. The fit note is predicted to save UK plc circa £240 million and reduce the 175 million working days lost annually to absence.

The fit note - to be used much as the previous sick note if an employee is not fit for work - will feature information from an employee's doctor detailing how the patient's medical condition impacts upon meeting the demands of the role. It also has tick boxes, allowing the doctor to make suggestions to help resumption of work. These are not binding and may be appropriate or not, depending on workplace demands and any risk assessment.

Nonetheless, they should encourage employer and employee to discuss a return to work. Typical scenarios could include a gradual return - like a footballer playing part of a game while building up match fitness - amended hours; changes to the working environment or responsibilities.

Further dialogue will be required if an employee cannot resume his or her duties or an employer feels unable to comply with the suggestions. However, this may leave the employer open to tribunal action, on the grounds of constructive dismissal, for example. Employers should remember that the Statutory Sick Pay requirements remain in force as do obligations imposed by the Disability Discrimination Act.

The government believes any costs incurred by employers in facilitating a return to work will be outweighed by reduced sick pay, the availability of skills and increased performance.

England fans meanwhile debate the loss to team selectors of David Beckham's dead ball skills following his Achilles' tendon injury. I hope enough of the key England players are match fit to deliver a tournament-winning performance and bring the World Cup home.

Email: fergal.dowling@irwinmitchell.com