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Latest NewsEconomics, government & businessDepartment for Work and PensionsHR practiceSickness absence

Employment law experts approve of sick note changes

by Mike Berry 28 Jul 2005
by Mike Berry 28 Jul 2005

Proposed changes to the way sick notes are issued have been welcomed by employment law experts.

The new proposals, announced in a recent report by the Department of Work and Pensions (DWP), will enable non-medical professionals such as physiotherapists, nurses and chiropractors, to issue sick notes – a responsibility previously reserved for GPs – and are expected to be introduced in April 2006.

They work on the theory that a physiotherapist or osteopath is likely to be in a better position to give an accurate diagnosis of his or her patient than a GP with no prior relationship with the patient other than a request for a sick note.

Russell Brown, head of employment law at Manchester law firm Glaisyers, said:  “This is good news for employers who want to make sure an employee’s condition has been properly assessed by a specialist with the time and expertise to carry out an accurate examination. 

“GP sick notes serve as strong evidence of a person’s incapacity to work but they aren’t conclusive. Evidence uncovered by this report suggests that GPs face pressure to provide sick notes for fear that they could face a charge of negligence if they don’t.” 

These proposals should make it harder for those who feign illness or injury to deceive their medial advisers into providing a sick note, he said.

Research by the CBI estimates that 168 million days were lost through sick leave in 2004 and that up to 14% of those were a result of staff pulling ‘sickies’.

The DWP said it would now consider the findings in consultation with other governmental departments and professional bodies.

The report can be found at www.dwp.gov.uk/asd/asd5/rports2005-2006/rrep225.pdf

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Mike Berry

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