Employment Law - What to expect in 2010

01 February 2010

David Wilsondiscusses the upcoming changes to Employment Law

“Fit Note” to replace “Sick Note”

Following Government consultation in 2009, the Social Security (Medical Evidence) and Statutory Sick Pay (Medical Evidence) Amendment Regulations 2010 are expected to introduce the new “Fit Note” in Spring 2010 which will replace the current “Sick Note” system.

The new forms will aim to provide greater information to employers on an employee’s medical condition as they give GPs the opportunity to state if the patient is fit for work, for some work, or for no work at all and to comment on whether adjustments would be beneficial. Reasonable adjustments will include a phased returned to work, altered hours, amended duties and/or work place adaptation. This, however, is unlikely to negate the requirement to obtain a specialist medical report where the employer suspects that the employee’s condition may amount to a disability. It is intended that the “Fit Note” will take the form of an electronic certification system, linked to GP computing systems. It will consider what people can, rather than what they cannot, do. The “Fit Note” could also provide practical advice to the employee, and, if the employee agrees, to the employer, about achieving a return to work. The system will also enable employers to identify patterns of absence and deal with possible health problems.

Extended Paternity Leave

The government intends to introduce additional paternity leave, some of which will be transferable from the mother to the father, for parents of babies born on or after 3 April 2011. Employers will need to ensure that their policies are updated by mid 2010 in order to incorporate the forthcoming changes. It is worth noting that the Conservative Party has also expressed a commitment to extend paternity provisions and it is therefore unlikely that the additional entitlement will be affected by a change of government at the forthcoming election.

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