Legislation changes

On 6 April 2010 a number of important pieces of legislation are due to be implemented. Below is a summary of two of the most significant changes.

Fit notes to replace sick notes 

As we reported in the last edition of our newsletter, the current sick note system is to be replaced with the new statement of fitness to work (“Fit notes”). The Department for work and pensions has now published guidance as to how the new system will operate.

The main changes under the new system are as follows:

• The note will list common changes that could be made to the employee’s job or working environment to enable the employee to return to work;

• The maximum duration for a medical statement will be reduced from 6 months to 3 months during the first 6 months of the condition; and

• GP’s will be able to certify one of two options; “not fit for work” and “may be fit for work”. Where an employee “may be fit for some work” the GP will have the option to give further advice to aid the employee’s return to work.

For further guidance on the new fit note system visit www.businesslink.gov.uk

New right to request time off for training

Employers with more than 250 employees will be obliged to seriously consider employees’ requests for time off for the purposes of study or training as from 6 April 2010. The new right for employees to request time off for training was introduced by the Apprenticeships, Skills, Children and Learning Act 2009 and it is expected to be rolled out to all employers by April 2011.

It is likely that these requests will be dealt with by employers in a similar way to flexible working requests with employers only being able to refuse the request where there are genuine business reasons for doing so.

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Robert Tice
Partner & head of employment
robert.tice@flintbishop.co.uk
DD: + 44 (0)1332 226 144

Alan Mercer
Business development manager
alan.mercer@flintbishop.co.uk
DD: + 44 (0)1332 226 486