"The New Fit Note" - Statement of Fitness for Work - DWP

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"The New Fit Note" - Statement of Fitness for Work - DWP Guidance for Employees, Employers, GPs and Hospital; Doctor

No. 272/10
Ref EX1
Date: 30 March 2010


To: All Branches
 
Dear Colleagues
 
"The New Fit Note" - Statement of Fitness for Work - DWP Guidance for Employees, Employers, GPs and Hospital; Doctors:

LTB 213/10 circulated the TUC Guidance For Union Reps and Health and Safety Reps - "Preparing For The New Fit Note".

The DWP has finalised and published guidance on the 'New Fit Note' for
Employees,
Employers,
GPs and
Hospital; Doctors.

Copies are attached for Branches and Reps information.

Some important points from the DWP 'Fit Note' guidance:-

Return to work tick boxes
Where a doctor has advised that the employee may be fit for work they will include some comments on their patient’s condition and, where appropriate, will tick one or more of the four tick boxes on the Statement. These are common ways to help someone with a health condition return to work. The tick boxes are:

Phased return to work. A doctor will recommend this where they believe that an employee may benefit from a gradual increase in the intensity of their work duties or their working hours.
For example, agreeing that:
an employee following an operation could return to work on reduced hours, gradually increasing to their normal hours over an agreed period of time; or
an employee with a back or shoulder problem, whose job involves lifting, gradually increases the quantity or intensity of their work. This could help them return to work earlier whilst rebuilding their capacity for manual work.

Altered hours. A doctor may recommend this where they believe that an employee will benefit from a change to the hours that they work, in order for them to return to work. This does not necessarily mean working fewer hours.
For example:
Providing the option to start (and/or leave) later could support someone who is unable to drive and struggles with rush hour public transport to continue working.
Allowing more flexible hours could support someone who is still receiving treatment to return to work and attend treatment sessions during working hours.

Amended duties. A doctor may recommend this where they believe your employee may be able to return to work if their duties are amended to take into account their condition.

Examples of amended duties:
Removing heavy lifting from the job of someone who has a back injury could help them return to work whilst recovering from their injury.
Reducing or removing a more pressured part of a job role (such as dealing with complaints), could help someone off work with stress return to work.

Workplace adaptations. A doctor may recommend this where they believe your employee may be able to return to work if their workplace is adapted to take into account their condition.
Examples of workplace adaptations:
A ground floor workstation for an individual who has problems going up and down stairs (this may occur in cases of arthritis, for example).
Arranging for a parking space near the entrance to the workplace, could help someone who has reduced mobility post surgery return to work.

Revised workplace risk assessment and TU Rep involvement
In determining what action an employer is able to take as a result of advice given on a 'fit note', they will need to consider whether a revised workplace risk assessment is required and to keep it under review. The guidance recommends that
It may be helpful to discuss this process with the employee or their Representative.

Disagreement and TU Rep involvement
The guidance recommends that the employers aim should be to ensure that both the management and the employee are comfortable with the support that is being offered. If there is disagreement the employer may wish to suggest that
the employee seeks advice from their trade union or an advice centre.

The TUC have reported that the DWP guidance attached has greatly improved following their input and now make reference to employee and trade union rep/safety rep involvement.

The "Fit Note" is primarily an Attendance Procedure issue which will be dealt with by the Industrial departments (See LTB 158/2010 issued by Ray Ellis) and IR Reps. The T&FS Dept will be issuing advice and guidance also).
However, there may be an important role to play for Health and Safety Representatives in supporting members where the doctor recommends an early return to work or a phased return to work on a rehabilitation plan which includes changes such as amended duties and workplace adaptations etc as above.
         
Yours Sincerely


Dave Joyce                                                                          Ray Ellis
National Health, Safety & Environment Officer                 Assistant Secretary