Employers in Hampshire and Dorset may have to re-write their flexible working policies again after a last minute u-turn.

The Flexible Working Regulations Amendment 2010 was due to come into force on 6th April and would have extended the right to request flexible working to parents of all 17 year olds.  However, an unexpected last minute change, part of the Governments drive to minimise red tape for small employers, meant that the changes were repealed.

So, this statutory right remains available only to parents of 1) children under 17 2) disabled children under 18 and 3) carers of certain adults.  Probably not a big deal for most employers but the Government left it very late and this in itself caused some small businesses who have to keep on top of legislation additional work in changing policies at the last minute.

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Posted on August 20, 2010

Are fit notes working for your business? For the uninitiated the fit note was introduced this April with the goal of encouraging people back to work more quickly through additional employer support and possible work adjustments.

I believe the sick note introduction was very well intended but maybe not thought through. My experience is that many doctors are still not completing any detail on the form leaving most people feeling that nothing has changed. I wonder how much training GPs have received?

There is bad news on the horizon for people on Incapacity Benefit. The government is pressing ahead with reassessing people currently receiving this and moving them to the new employment and support allowance (ESA). The assessments have found that about 2 thirds of claimants have been thought fit for work. My initial reaction was this was good news all round and then I started to see and find lots of problems with this and the fit note introduction:

- Are we pushing genuine cases back to work too soon?
- Are we setting up problems in the future – people who are unwell are unlikely to perform well leading to disciplinary or incapability issues
- How will people impacted find quality work to do if they are unemployed and have no benefit. The labour market is likely to be flooded with public sector workers pretty soon.

And have you heard that the Equality Act 2010 due to come into force in October is likely to ban pre-employment health questionnaires? I will cover this off in more detail in my September bulletin to clients and subscribers.

Posted on January 24, 2011

It seems like the Fit Note is not quite living up to expectations.
At a recent Chartered Institute of Personnel Development meeting a local employment lawyer mentioned that the fit note may be revoked so I’ll be keeping an eye on the news.

The issue I seem to be finding (from my clients) is that GPs are not completed the information so they indicate “may be fit for work” but then there isn’t sufficient information to implement any meaningful plan. Sometimes it wasn’t possible to accommodate the suggestions or the Doctor didn’t seem to understand the employee’s role.

According to 50% of the GPs recently questioned by Aviva for its annual “Health of the Workplace Report”, there’s a good reason for this: Doctors have less time now than ever to give patients a detailed diagnosis, or to offer them lifestyle and/or work-related advice. This means that fit notes could lack information.

This can be frustrating from your point of view as the employer but you don’t really need to panic about it. Any advice given is for the employee only; it’s not legally binding on you. Once you have discussed the matter with your employee you are free to reach your own decision, e.g. to decline the GP’s advice, or to try to find suitable alternatives.

Having said that, it’s advisable to always consider what the Dr has said and make notes of reasons why suggestions can’t be accommodated. That way you will have a record if ever there is a question mark about health and safety. It shows that you have given the matter careful consideration and the employee won’t be able to argue that you’ve prevented them from working, i.e. a breach of contract.