Could 'fit notes' be an answer to the abuse of sick leave?

Published on Sunday 1 June 2008 19:48

THE recently released Absenteeism 2008 survey from the Confederation of British Industry (CBI) has, perhaps predictably, led to another round of collective hand-wringing over "sick-note Britain".

It claims a significant proportion of employees are still said to be less than truthful when putting in for a sick day, racking up total company losses of around 1.2 billion.

But innovative solutions to this problem land squarely in the middle of the long-standing legal, social and commercial battle between the legitimate needs of individuals and of the economy.

The total cost of absence, genuine or otherwise, peaks at an astonishing 13.2 billion per year. This has set alarm bells ringing in Westminster and changes have been set in motion by Labour and the national director for health and work, Dame Carol Black.

The proposed solution to the absenteeism conundrum makes for either a worrying or tantalising prospect, depending on how you spin it.

It is widely recognised that the longer a member of staff takes off work, the harder it becomes for them to return. Dame Black's suggestion is to do away with conventional 'sick notes' and for GPs to prescribe 'fit notes' as an alternative. These new documents will outline the work a sick person is able to do, rather than rule out a return to work until they have fully recovered.

Fit notes, it is argued, will allow management to work closely with sick employees to ease them back into their role. For example, if a manual worker suffers an injury that renders them unable to perform their normal duties, a doctor may issue a fit note that recommends retraining and redeployment of the employee into a more suitable position.

It is thought this approach will serve to reduce the number of sick days taken by employees while ensuring businesses do not suffer as a result.

The idea may be laudable, but employers and medical professionals will need to take great care not to aggravate sensitive situations by pushing sick and injured employees back into the workplace without allowing sufficient recovery time.

Well notes will only be effective if they benefit both the employer and the employee. However, they must not be allowed to stigmatise legitimate recuperation, nor encourage the "sleep when you're dead" ethos adopted by some over-zealous managers.

The delicate balancing of the rights of businesses and their workers may soon be upset further by a European Court decision, expected in June, that threatens to go against Dame Black's "up an' at 'em" vision.

This decision is likely to allow employees to accrue holiday time while on long-term sick leave. While such absence may be the result of genuine illness or injury, it is also seen as an open window for less-honest workers to get something for nothing.

Staff may be able to rack up considerable amounts of holiday leave while out sick, then return to work in order to take this leave, only to fall sick again. This threatens a vicious circle and gives management a plethora of headaches.

Whether you view this proposal as a case of essential workforce protection, or the latest example of employment laws restricting business enterprise, management must keep a firm hold on absenteeism if they are to weed out those who would take advantage of the system.

Absenteeism is a real drain for businesses and those who milk the system should not be tolerated. However, it is key for management to take a step back and holster the pointed finger until they discover the root of any prolonged absence.

Discrimination or bullying may be the reason behind an employee's reluctance to return to work. In which case, proper guidance and counselling should be offered as standard.

An understanding, common sense approach to repeated absence, alongside a firm stance against a sick note culture, will ensure a business and its employees remain in good health, as opposed to creating a revolving-door stop-gap that is of little long-term benefit to either party.

&#149 Roger Tynan is a partner in the employment, pensions and benefits team at Maclay Murray & Spens.