March 2010

Sickness Absence

Most employers at one time or another have people who are off work because of sickness or injury. In some cases, this may be the result of something that has happened whilst at work. Depending on the reason for the absence, the consequences for employees may range anywhere from minor inconvenience to major lifestyle changes.

Sickness absence also poses issue for the employer who needs to arrange cover for the absentee, which could mean employing temporary staff, training costs, overtime payments and a host of other inconveniences.

In fact, one of the arguments we put forward for ensuring your health and safety provision is up to scratch is that it saves the cost and hassle of people being off sick due to workplace accidents.

Following periods of sickness absence, the employee needs to return and to be re-assimilated into the workplace. How this takes place is likely to be influenced by changes that are due to come into force in April 2010.

What Is Changing

Until April, perhaps the main factor in determining whether or not someone should return to work is a medical certificate from their doctor (GP), commonly referred to as a "sick note".

As of April, this is due to be replaced by a "statement of fitness for work" form, which has been dubbed a "fit note".

The essential difference between the sick note and the fit note is a swing of emphasis. The aim is to encourage a return to work as soon as practicable, either in the role they were in before being sick or, if appropriate, in an alternative role.

The consequence for employers is that workers who have been absent because of sickness may return to work sooner than under the old arrangements. However, their return may be contingent on providing alternative employment or perhaps making changes to the workplace – possibly temporary – that will allow the employee to take up their previous role.

Return to Work Advice

There will be an onus on the part of the employee's doctor to provide guidance about the patient's health condition and the possible adaptations that may be needed for them to return to work, should this be required. Of course, if the patient is not fit to return to work at all, the doctor will indicate on the form that this is the case.

It should be noted that if a doctor provides a "may be fit for work" statement, this is advisory only and there is nothing binding on the employer, though if the employee is to be accepted back into the workplace, it would be unwise not to make appropriate adjustments.

As a completely separate, though related consideration, depending on the reason for absence and any ongoing disability that might result, the employer may still be required to make adjustments under the requirements of the Disability Discrimination Act.

Additional Information

Additional information on these changes is available from the government website:





Of course, from a Health and Safety point of view, we would always counsel every employer to do all that is reasonably practicable to avoid injury or sickness arising from workplace activities by implementing a comprehensive Safety Management System.

Contact EDP HS&E Consultants for all your health, safety and environment needs. We can check your current arrangements and advise you about any changes or improvements you need to make.

To discuss your requirements, without any obligation on your part, please gives us a call or complete the Enquiry Form on our website.