Temporary Change to Fit Note Requirement

It has been announced that between 10 December 2021 and 26 January 2022 employers cannot ask employees to go to their doctor for proof of sickness until the absence has lasted for 28 days or more (the requirement to self-certificate remains in place for that time).

It has also been made clear that SSP cannot be withheld due to late medical evidence.

This change is in light of the exceptional pressure placed on GPs in managing the government booster rollout.

This is a significant change from the usual requirement that requires a medical certificate to be provided after 7 days of absence, and will be difficult to manage for many employers.

Employers should be careful to make it clear to staff that this is a temporary change only, and not a permanent change to the sickness absence notification procedure.

Whilst employers cannot ask for proof of sickness for non-Covid related absences, it remains possible to ask for proof of a positive test or isolation request for those absences that are Covid related.

Employers may be concerned that employees will use this change to their advantage, and claim sickness for longer periods than necessary. If not already in place, it is highly recommended to have a thorough return to work process in which the sickness absence is discussed in detail and documented to assess for future patterns and possible evidence of inappropriate use of the sickness procedure.

[Source HR-Inform]

 

Coronavirus (COVID-19) Guidance Updates

Updates to guidance have now been published via the links below for safer workplaces and hospitality. This requires businesses to revisit their Covid risk assessments and consider which measures / adaptations may be necessary for their particular setting and premise.

Coronavirus (COVID-19): safer businesses and workplaces – gov.scot (www.gov.scot)

Coronavirus (COVID-19): tourism and hospitality sector – gov.scot (www.gov.scot)

This will take effect from 00.01 Friday 17 December.

The guidance will support businesses and workplaces to put in place a range of public health measures that will help keep people safe, including enabling home working for those who are able to do so.

Masks should be worn in all businesses and workplaces, and retail and hospitality businesses should consider reasonable measures to reduce crowding and manage queues.

Finance Secretary Kate Forbes has written to Chancellor Rishi Sunak urging further consequentials to deal with the sudden impact of the Omicron variant. Read the letter here.

A new COVID-19 ‘Living Safely This Winter’ Campaign has been launched. A core element of the campaign is advising the public to do a LFD test before mixing with others, travelling or visiting busy places. A stakeholder toolkit is attached which includes social animations and static images with suggested copy, posters, web banner and email signature assets that can be shared with audiences.

First Minister’s Statement, 14th December 2021

During her COVID-19 update today, First Minister Nicola Sturgeon covered the following (14/12/21):

  • The FM confirmed that 3,177 new cases of COVID-19 had been identified in the last 24 hours. She also confirmed that 541 people were in hospital, with 2 patients confirmed as having the Omicron variant. She also noted that there were 38 people in ICUS and that 6 deaths had occurred, bringing the total to 9,725.
  • The FM noted that the Omicron variant was spreading “very rapidly” across Scotland and was spreading faster than any other before it. She highlighted that this may well lead to increased hospitalisations, increasing the burden on the NHS.
  • The FM stressed the importance of delivering booster jags to ensure protection against the new variant. She described upping the speed of vaccination as her government’s “top priority”.
  • The FM said that it was her government’s target to get everyone eligible to receive a booster jag by 31 December. As part of this, she pointed to an increase in facilities and staff as well as the removal of the time period that individuals must wait before leaving the place in which they get their jag.
  • Turning to the additional protective measures, the FM confirmed that businesses would be asked to increase their mitigations and would be informed shortly on what that would mean but that it will include working from home, protective screens, and controlling crowded areas in shops and retail businesses. She also said the government would be increasing the use of facemasks and other measures.
  • The FM called on Scots to reduce the amount of mixing with other households they are currently doing to break the chains of transmission. She said she was not “cancelling Christmas”.
  • The FM said that there was no additional funding in place to help businesses deal with the additional requirements in place, placing the blame on a lack of financing from the UK Government. However, she said that an additional £100million had been found in the Scottish Government’s own resources to help hospitality and other businesses – the detail of which the Finance Secretary would later announce. She also said that an additional £100million had been identified to help those self-isolating.
    • During the following session of questions, the First Minister was provided with a note that said the UK Government would be providing additional funding to the devolved governments.
  • On hospitals and care settings, the FM confirmed that there would be limits placed on how many visitors patients and residents would be permitted.
  • The FM closed by reiterating her upset at having to impose these additional restrictions and urged everyone to follow them.
  • In the following session of questions, in her reply to Scottish Conservative leader Douglas Ross, the FM noted that it was her intention to ensure that the additional money confirmed for hospitality businesses would be with them as soon as possible. Responding to SNP MSP Paul McLennan, the FM said that she welcomed the additional resources from the UK Government in principle but required additional detail about it. Conservative MSP Craig Hoy raised the plight of hospitality businesses in his area, urging the FM to support them. The FM said that this was a matter under consideration. SNP MSP Joe Fitzpatrick criticised the UK’s funding arrangement’s impact on hospitality and asked the FM if she agreed with him, she did and called for the UK Government to provide more information. Conservative MSP Finlay Carson criticised the FM for removing ITV Border from the stations broadcasting her COVID-19 updates. The FM rebuked Mr Finlay, criticising his tone and what she saw as his insinuation that she didn’t want the South of Scotland to receive the information.