In the UK, the old sickness certificate was replaced in 2010 by the ‘fit note’, to encourage General Practitioners (GPs) to help patients to stay at work, or return to work as soon as they are able. GPs can use the fit note to advise that a patient is ‘not fit’ for work. They can also advise that the employee ‘may be fit’ if the employer can make necessary modifications – including a phased return to work, altered hours, amended duties and/or workplace adaptations. However, although the fit note has been broadly welcomed by GPs and employers, difficulties and uncertainties have resulted in wide variations in their use. For example, GPs report that employers seldom act on the advice given; employers complain that GPs fail to use the fit note to provide sufficient advice. Recommendations In the study, consensus was reached on good practice in the use of the fit note in over 60 areas to aid return to work and work retention. These are just a few of the recommendations: GPs should have the option of selecting both fitness to-work options (‘not fit’ and ‘may be fit’) if they qualify these choices with clear dates, duration and advice. Other healthcare professionals with relevant training and competency should be able to complete fit notes. If a patient has another job with different demands, the GP should complete the fit note to cover each job. If medical terminology is used on a fit note, then a lay person’s version should also be provided e.g. CVA (stroke). GPs must ensure there is no ambiguity as to the return-to-work date on the fit note. The option should be available, with patient consent, for fit notes to be emailed to the employer. Employers should ensure that sickness absence monitoring schemes do not discourage employees from returning to work before the expiry of their fit note, if they feel able. The DWP should provide more detailed guidance to employers on best practice in the management of the fit note through their organisation. Employees should contact their employer to discuss a ‘may be fit’ note within two working days of being issued with one. Where necessary, and with patient consent, GPs should communicate with their patient’s employer to seek more information on the employee’s job and possible modifications. GP fit note training should be mandatory. Employers must inform their workforce about how their organisation manages the fit note. Employers must inform individuals as to any impact that work modifications advised on a fit note might have on their pay.
The report concludes, as in the title of this news item, that the fit note is not achieving its aims and is unlikely to do so without increased investment of time, money, commitment, and further legislation.
Use of Labour Providers: advice on due diligence 2 February 2016
HMRC have updated their guidance on use of Labour Providers: advice on due diligence which can be found within their leaflets, factsheets and booklets.
The guidance which was first published on GOV.UK on 30 January 2014 applies where you use labour supplied by a third party, or you supply or make arrangements to supply labour.
HMRC continue to identify incidence of problems with fraud and unpaid taxes through the use of un-vetted or poorly vetted labour providers and has updated this guidance in a bid to help business understand the impact to them of them not carrying out due diligence at the outset of contractual arrangements that provides a business with labour. It is good commercial practice for all businesses to carry out checks to establish the credibility and legitimacy of both customers and suppliers. However, these checks will need to be more extensive in business sectors where there are greater commercial risks or vulnerability to fraud and other criminality. The guidance urges business “you must seek to avoid involvement in supply chains where VAT or PAYE tax and NIC may go unpaid.”
The guidance highlights issues and questions that should be considered at the outset of all arrangements to ensure that business avoids entering in to deals with high-risk businesses and individuals.
CIPP Policy News Journal
25/04/2016, Page 117 of 453
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