New Fit notes – what are the implications for Employers Liability insurance?

From 6^th April 2010 ’sick notes’ issued by doctors changed to ’fit notes’ and now focus on what an employee may be able to do rather than what they cannot do.

The new notes will include suggestions as to ways an employee could return to work by:

• a phased return to work
• flexible working
• amended duties
• workplace adaptations

However the advice on the fit note statement is not binding and is the employer’s choice, after discussions with the employee, whether or not to follow it. As employers’ liability insurance is compulsory, a policy will NOT exclude employees who may not be fit to work, whether they are returning to or remaining in work.

The statement of the doctor should still not be wilfully ignored as this could be used to support a legal case against the employer in the event of an incident. This could give rise to a claim which would in turn form a blot on the employer’s claims record.

For further information regarding this topic please contact Oriel Gavin (Associate Director)