From Sick Note to Fit Note
From Sick Note to Fit Note
Around 170 health and safety reps and trade union activists attended the Northern TUC's Fit Note seminar held at the Assembly Rooms in Newcastle on 2nd September, introduced by new Health and Safety Forum Chair, Paul Clays (CWU).
Our first speaker, Hugh Robertson, Senior Health and Safety Officer gave an overview of the Fit Note from the TUC's perspective. The TUC agree that many people would prefer to be at work if they could do light duties, reduced hours, or different work - good employers already allow that. However the worker should feel they want, and are ready to return. The new note is a missed opportunity - there is no reference to prevention; the fit note could have been used to keep information on employers so that trends of illness could be identified early. Both the TUC and the HSE had asked that these points be included.
There are also concerns that some employers will see the fit note as a way to force employees back to work before they are ready which may make a condition worse, especially stress and musculoskeletal disorders. This will inevitably lead to increased sickness absence rates. Throughout the process union involvement and support for the employee is vital. The new arrangements are no substitute for a good sickness absence policy. Further information is available in 'Preparing for the new Fit Note - Guidance for union representatives' which can be downloaded at http://www.tuc.org.uk/extras/fitnote.pdf
Phil Davison of Browells Solicitors spoke about the Fit Note and the Law. The employer does not have to accept medical advice from the GP, failure to make reasonable adjustments could be grounds for constructive dismissal/unfair dismissal. If no recommendations are followed, the employee is considered 'not fit for work'. If the employee disagrees with the GP's recommendations it would be advisable for them to seek a second opinion and raise concerns with their union rep, as is the case if their condition deteriorates. The general advice would be to involve a union rep at every step. It is also important to consider issues such as sick pay and risk assessments in connection with implementation of the fit note. Employers' duties under the Disability Discrimination Act (to be replaced by the Equality Act 2010 which comes into force on 1st October) remain unaffected.
The seminar also launched 'Cancer in the Workplace - a Workbook for Union Representatives' produced in conjunction with Macmillan Cancer Support. Rossina Harris, TUC Education, Lewisham College and Paul Maskell of Macmillan Cancer Support introduced this session. Delegates were able to participate in workshop activity looking at what union reps can do to support cancer sufferers in the workplace including raising awareness and facilitating discussions between the union, employer and employee. Each year in the UK 90,000 people of working age are diagnosed with cancer. It is the aim of Macmillan Cancer Support to reach and improve the lives of everyone living with cancer by 2010, no matter who they are, where they are in the United Kingdom or what type of cancer they have. The TUC are running courses for union reps in the region, for further information please contact Ian West on 0191 232 3175 or iwest@tuc.org.uk. A copy of the workbook can be downloaded from
http://www.unionlearn.org.uk/publications/index.cfm?frmPubID=175
The final speaker was Dame Carol Black, author of the 'Fit Note' (pictured left with the Chair of the Health and Safety Forum, Paul Clays, CWU). For the past 80 years partial ability to work was not considered when a GP assessed a person's health and ability to work. The new Fit Note was designed to: reflect current medical practice; be more user-friendly; provide more helpful advice to patients and encourage employers to make adjustments at work. A case study quoted showed how small adjustments could facilitate a return to work. By simply relocating an employee to the ground floor following a knee operation as recommended by the GP in the fit note, the employee was able to return to work sooner. Early intervention is essential to aid worker retention and avoid inappropriate 'medicalisation' for mild and treatable conditions. The fit note will take time to embed and it would take time for GPs to adjust. Unions are playing a vital part in improving the long term health and well-being of the workforce by raising awareness on health and well-being issues with management and supporting members who are planning a return to work.
Final comments on next steps were made by Tom Ross who spoke about the work being done in the Northern Region around health and well-being. Working in partnership with trade unions, employers and the NHS in the North East, there are currently 300 employers working towards the Better Health at Work Award. Following the presentation earlier from BAE - whose health in the workplace initiative had saved a life following on site health screening - the benefits of a healthy workforce can clearly be observed.
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