Thomas Mansfield Solicitors

THE NEW "FIT" NOTES

The new "fit notes" came into use from 6 April 2010. The intention behind these is to focus minds on what can be done to assist a return to work and prompt useful discussions between patient and GP and employer and employee to this end. The GP is required to complete a tick-box section to confirm whether they consider a phased return to work, altered hours, amended duties and/or workplace adaptations would enable the employee to return to work. The Government has dropped the previous proposal to give the GP the option of certifying an employee as "fit for work". The GP will only now be required to select the ambivalent "you may be fit for work taking account of the following advice...", shifting the onus onto the employer to determine whether an employee is fit to return to work. The new certificates are therefore unlikely to negate the requirement to obtain a specialist medical report, particularly where the employer suspects that the employee's condition may amount to a disability. It is useful, however, that the new "fit notes" will be computerised statements instead of handwritten.