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Getting people back to work with fit note

By: Paige Price

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Employers are looking forward to the new fit note scheme coming into effect on April 6th 2010.

This is the view of Dunfermline-based legal firm CCW Business Lawyers, which said that the implementation of the Department for Work and Pensions measure is "surrounded by optimism". Solicitor Donna Reynolds explained this is because businesses are hoping the fit note system will reduce the number of employees who miss work through long-term sick leave. However, she noted that firms still have some worries about the legislation.

"Many employers are concerned that doctors completing their medical statements do not have the knowledge or expertise about an individual's job role and the risk involved," she said.

Ms Reynolds added that this may make it difficult for GPs to ascertain whether or not an employee is truly fit to return to work. Earlier this month, another law firm - Mace & Jones - said companies hit by the recession will welcome the opportunity to get as many of their staff as possible back to work.

Businesses have been urged not to speed up their absence management procedures following the implementation of the new fit note scheme. The initiative, which will come into effect from April 6th 2010, aims to reduce the issue of workplace absenteeism - a problem which currently costs the UK economy £100 billion per year.

Claire Hollins, employment law solicitor at Mace & Jones, noted that the chance to get employees back into the workplace rather than spending unnecessary amounts of time off sick will come as a boost to many businesses.

"Recession-stricken firms and organisations will be keen to use this regime to get all available hands on the deck," she commented.

The fit note system could pose a potential legal challenge to businesses with regards to their handling of absence management. This is the view of Samantha Davis, head of employment law at solicitors Adams and Remers, who claimed that the new legislation - which comes into effect from April 6th 2010 - could put firms in a "difficult legal position".

Ms Davis claimed that this is because the note puts the onus on the employer in relation to their absence management procedures and the manner in which they help their staff get back to work.

"Companies will need to make sure they carry out risk assessments and make any amendments that are needed after taking the note into account," she told employeebenefits.co.uk.

She added that failure to do so could leave firms open to personal injury claims. However, the CBI has claimed that employers are likely to welcome the scheme. It noted that under existing legislation, workers are often signed off sick when they are still capable of carrying out part of their job.

Article Source: http://depositarticles.com/

Slater works for Snowdrop KCS, providers of HR software.

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