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Sick Notes

Introduced in April 2010 a “Statement of Fitness for Work” replaced the MED3 Certificate.   The new form will be known as a “Fit Note”
This gives the GP a choice of whether to certify the employee as unfit for work or to advise that he/she may be fit for work providing the GPs advice is heeded.

The form will no longer provide for a “signing off” (although this was never a requirement of the SSP system)  
What has driven the change is evidence that suggests that long periods away from work leads to poor mental and physical health which in turn leads to an increased use of national health services.   Generally speaking the longer someone is off work then the lower their chances of returning to work and an earlier return can help an employee’s return to good health.

The GPs recommendations for a return to work are simply that – recommendations.  The employer does not need to act upon them but must consider them however they may be totally impracticable.   It may also conflict with statutory industry and safety guidelines.

If employers feel they cannot adopt the suggestions they must discuss this with the employee.  They must also act reasonably when considering the suggestions as unreasonable rejections or failure to fully consider them could lead to claims for constructive dismissal.  What is classed as 'reasonable' will depend on the organisations resources and the practicability.  The effect this will have on other employees and their willingness or ability to cooperate.   If the recommendations are not taken up then the original fit note will still stand but will act as a “not fit” statement.

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