A thought worth sharing
http://www.health4work.nhs.uk/blog/2013/06/gp-fit-note-decisions-need-not-always-be-the-definitive-last-word/
GP fit
note decisions need not always be the definitive last word
A change included in new guidance on the fit note published by
the Government in March 2013 (see our blog on the revised fit note
guidance for more information) could allow employers to favour the views of
an occupational health practitioner over those of a GP. In the guidance (under
the headline ‘Is the fit note binding on me?’) the Government has
confirmed that the answer could be ‘no’. The relevant section from
the fit note guidance reads as follows:
“No. The assessment about whether your employee is not fit for
work or may be fit for work (and any other advice in the fit note) is classed
as advice, and it is for employers to determine whether or not to accept it.
Occasionally, you may be believe that your employee is not fit for work when
they have been assessed as fit for work by their doctor, or you may think
that your employee could do some work when they have been assessed as
‘not fit for work’ by their doctor.
“In situations like this you are within your rights to
gather other evidence about your employee’s fitness for work from other
doctors or healthcare professionals. You can choose to give this other evidence
precedence over the advice in the fit note. Your employee may disagree with
you, and you may need to demonstrate to an employment tribunal why the
alternative source of evidence was more acceptable to you than the fit
note.”
This change was
intended to cover situations in which, based on the knowledge of a workplace
and the work an employee does, an employer/occupational health professional may
have a different view to a GP on the person’s ability to work. For
example, an employer may consider that a person isn’t fit to return to
work based on the nature of the workplace, despite having been judged by the GP
to be ready to return. Or, alternatively, an employer may be of the view that
an employee who has been assessed as not fit for work could return to carry out
alternative work functions instead.
This change is good
news from the perspective of occupational health practitioners who are often
better placed than GPs to decide whether or not a person is fit enough to
return to the workplace, and which particular roles the person could carry out.
However, GPs will be keen to ensure that they make the best judgement call,
where possible.