Pictured above: Simon Bond

The 6th April 2010 marks the scrapping of the current system of 'sick notes' for employees which the government has now confirmed will be replaced by 'fit notes', but the new system has been met by concern by doctors and GPs according to Simon Bond, Partner and head of employment at Midlands law firm Challinors.

"The present system simply obliges doctors to give a reason for an employee's absence from work and the anticipated duration," explains Simon. "The new system of 'fit notes' is quite different and will ask the doctor to list common changes which could be made to an employee's work environment or job role to help the employee back to work. Where a doctor considers other options are more appropriate a box on the form will allow such comments to be made.

"However, concern has been expressed by doctors who consider the new system represents them being asked to 'police' employers' sickness absence arrangements and express opinions without any real knowledge of their patient's working environment. 

"The swift introduction of the new style fit notes has also led to criticism that neither doctors nor employers will have sufficient time to familiarise themselves with the new system. However the government has said that the new procedure will be reviewed, with the conclusions being published sometime during 2012/2013."

He adds: "Under the fit note system, if an employer is not able to accommodate any of the doctor's suggestions a revised statement is not necessary and the existing statement is evidence of the employee's inability to work. However, in the first six months of any absence, the new fit notes will only be valid for a maximum period of three months, rather than the existing six months, which could bring added problems. The fit note form will also invite the doctor to set out circumstances in which the employee may be fit to work, by setting out what types of activity the employee could perform, for example."

Challinors has offices in Birmingham, West Bromwich, Wolverhampton, Halesowen and Nottingham. The firm has 24 partners and over 100 fee earners, and is ranked as one of the top legal firms in the West Midlands, being Number 1 in the Chambers UK Directory in a number of categories, including Clinical Negligence.