Concerns Over Well Notes Expressed By Solicitors

Plans to abolish the sick note in favour of the 'well note' could force sick and injured people back to work too early, a top employment law firm has warned. Unsurprisingly, this confirms what many union safety reps have feared would be the case as soon as they heard of the 'well note' scheme.

Trade union and personal injury specialists Thompsons Solicitors says the government's proposals, contained in a Department for Work and Pensions consultation on reforming the medical statement, would also fail to cut the cost of sick leave to industry or reduce compensation payments. It says unless the new rules oblige employers to make changes to the working conditions of employees who were injured or became sick because of their work - for example, altering their duties or making changes to workstations - then people will either be unable to return to work, or will do so only to go off sick again.

Tom Jones, head of policy at Thompsons, said supporting people in getting back to work was a sound principle, 'however many people remain on sick leave because employers fail to make the necessary adjustments to enable them to work again. This voluntary approach is highly unlikely to change that. People often find themselves in a no man's land: not wanting to stay off work, but unable to return.'

He explained: 'Under the proposals employers might take someone back before they were ready, and even coerce them to do so and then dismiss them when they cannot cope. This is neither in the employee's or the employer's interest.' He added the proposals appeared to link 'well notes' with access to Employment and Support allowance. 'This is fundamentally wrong. The government's new work health strategy must focus on the employer's duty to help people back to work. As with rehabilitation, it cannot be used as a stick with which to beat the sick and injured. Hard working families who have lost income through no fault of their own must not be further punished.'

The new style notes are due to be introduced in spring 2010.

Thompson's have draughted their response to the Government's consultation exercise (which ended 19th August) over the introduction of the well note which can be read here

See also Unionsafety news item June 09: Concern Over Government Replacement Of Sick Note With Fit Note

Download: Reforming the Medical Statement: Consultation on Draft Regulations May 2009 from the E-Library

Source: Thompsons / TUC Risks

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