Employment & Pensions Blog: The “Sick Note Culture” and the Government's Plans for Reform

We have prepared this blog to digest the Government’s prospective plans to reform the benefit system, which aims to tackle the so called “sick note culture” and to assess the impact the Fit Note Reform might have on employers if they are implemented in the future. 

Sick Notes 

Employers will be very familiar with the process of sick notes (which are officially known as statements of fitness for work), and that after the first 7 days of an employee’s sickness, employers will usually request a sick note to be provided for sick pay purposes. Sick notes will usually confirm whether the employee is fit for work, not fit for work or may be fit for work, provide the duration of the employee’s absence, a brief description of the reason for their sickness and any workplace measures that can be put in place if they are deemed as ‘may be fit to return’.  

This process is essential for employers to oversee ongoing sickness absences and manage returns to work generally, but also: 

• To consider whether any reasonable adjustments are needed to assist employees back to work; 
• Whether a formal internal process needs to commence to manage long term absences; and 
• To consider whether to a referral to occupational health or another specialist is needed. 

The “sick note culture”

Prime Minister, Rishi Sunak, addressed the Government’s proposed reforms in his speech in April 2024 and said that the UK had a “sick note culture” with GPs too easily signing off employees as not fit for work. He suggested that the focus should be on what employees can do, rather than what they cannot, so that the system is not undermined by “unverifiable” claims.

The Government has proposed that a way to tackle this would be for “specialist work and health professionals” to issue sick notes instead of GPs, as they have more time and expertise to properly evaluate an employee’s health by carrying out objective assessments. It remains unclear who these health professionals would be, and unsurprisingly, no details have been provided of what such assessment will entail in practice. These reforms are still being considered and the Fit Note Reform Consultation closes on 8 July 2024. 

What does this mean for employers

These proposed reforms could have potential benefits for employers if those “specialists” are adequately skilled and have the capacity to take this work on. This is because employers will more likely receive more practical and helpful advice, which they can in turn use to encourage employees back into the workplace, offer appropriate adjustments and meet their duty to make reasonable adjustments where needed. On the other hand, if those “specialists” are going to be consultants or NHS staff (who are already under-resourced and at capacity) there is a significant risk of delays in fit notes being issued, thereby potentially impacting sick pay, and may in turn cause employees to feel forced to return to work when they are not ready to, therefore increasing the risk of claims being brought against employers. 

Comment

It is important to note that these proposals are still in the early stages with the consultation process still ongoing. Employers must keep up to date with any changes to ensure that they meet their duties and the needs of their employees. In the meantime, employers should continue to monitor sickness absences carefully and ensure they have absence policies in place that are fit for purpose. 

For more information, please contact a member of our Employment Team.