NO MORE SICK NOTES?

According to a recent government survey, it is estimated that 175 million working days are lost due to ill health each year, at a cost to the economy of £13 billion.  In a much criticised effort to address this problem, the Health Secretary, Alan Johnson suggested that GP’s should police the situation by, instead of issuing sick notes, giving out so called “well notes” stating what work sick employees are able to do.

The proposed scheme was met with much amusement in the media and even Doctor George Moncrieff, one of the doctors involved in drawing up the scheme, suggested that the plans are doomed to fail.  That is not to say however that many employers felt they wouldn’t benefit from the information available under such a scheme.  Whilst no doubt the overwhelming majority of ill health absences are genuine, there is clearly a very substantial problem which cannot simply be ignored, and there will be many instances in which employees are just issued with a sick note, when they are capable of undertaking some work, if not their normal duties.

The critics are no doubt right that it is ludicrous to expect GP’s to shoulder the burden of supervising who should, and who shouldn’t be at work.  Aside from the already over crammed patient lists, it is unrealistic to expect GP’s to compromise their professional obligations and to look out for the interests of employers instead.  GP’s are unlikely to have either the time or the inclination to understand the ins and outs of what each patient’s job requires.

The function in question is usually best handled by Occupational Health professionals.  However such services are typically only used by large employers, or those with a budget to pay someone else to provide them.  So what about the ordinary / average employer?  Should they keep their fingers crossed that Alan Johnson’s latest idea comes to fruition?  Don’t hold your breath.

There is no need to wait for a change in the law as all employers can already obtain the necessary information about what can be done with any employee who is signed off as unfit for work.  In fact many employers will already have a great deal more information in their possession than they realise.  It is a question of choosing the right information and knowing what to do with it.

Sickness forms, authorised absence records, as well as GP’s MED 3 certificates should already be routinely gathered by even the smallest of employers.  However, like many things in this regard, employers tend to see such paper work as merely an unwelcome, but necessary part of the burden of being an employer.  If managed properly (with professional assistance) this information can provide the starting point for keeping on top of illegitimate or unnecessary sickness absence, as well as minimising the risk of legal claims against you, such as claims for personal injury, disability discrimination, or unfair dismissal when suspected malingerers are disciplined or sacked.

Looked at another way, not only is this information an often underutilised asset, failing to monitor properly may lead unsuspecting employers into trouble.  You may even have an employee who is “disabled” within the meaning of the Disability Discrimination Act, without you even knowing it.  Further, aside from legal claims from the employees with a record of absenteeism, all to often forgotten is the effect on the loyal employees who have to make up for the shortfall in resources that occurs through absenteeism.  Over prolonged periods, this can have a number of adverse effects, from increased staff turnover, to a general apathy or down turn in commitment / enthusiasm amongst formerly loyal employees.

Proper use of information already in your possession, together with appropriate enquiries to an employee’s GP (or in some cases to a specialist or Occupational Health professional), can help you tackle such problems, and no doubt the information would prove considerably more useful than anything that a GP would put on a “well note” in the future.

Whether you have a specific employee on long term sick / with a poor attendance record, or whether you are simply concerned about the general level of sickness absence within your business, you should take steps now, before problems arise and this could even result in an improvement in profitability and staff motivation (if handled properly).  Whether or not you have your own in-house personnel resources, it would be wise to seek professional guidance on how to manage and utilise employee health information, not only in terms of the legal implications but also in terms of the practical / political effect on your workforce.

If you are interested in helping your line managers or personnel managers to do this effectively, or simply for further information, please contact Stephen Dixon, an Employment Law Specialist, at Sandersons Solicitors:

Tel:       01482 324662

Fax:      01482 223110

e-mail:  enquiries@sandersonssolicitors.co.uk

 Source: Federation of Small Businesses, February 2008