Currently, fit notes must be signed in ink by the issuing doctor, but due to the high demand for appointments throughout the pandemic, most doctors have tried to manage these on a virtual or telephone only service to avoid face-to-face contact. This has prompted an increasing demand for fit notes to be provided digitally.

The Social Security (Medical Evidence) and Statutory Sick Pay (Medical Evidence) (Amendment) Regulations 2022 (SI 2022/298) were made on 14 March 2022 and come into force on 6 April 2022. They amend the Social Security (Medical Evidence) Regulations 1976 (SI 1976/615) and the Statutory Sick Pay (Medical Evidence) Regulations 1985 (SI 1985/1604).

The difference to note under the new Regulations is that a new form of fit note will be available (which will be used in parallel with the existing version of the form with a wet ink signature). The new Regulations remove the necessity for the fit note to be signed in ink therefore the new form of fit note no longer contains a signature box.

https://www.legislation.gov.uk/uksi/2022/298/made

On 21 March 2022, the Parental Bereavement (Leave and Pay) Act (Northern Ireland) 2022 received Royal Assent. This new act will introduce equivalent rights for employees in Northern Ireland to those received by employees in Great Britain in relation to parental bereavement leave and pay. Eligible working parents will be entitled to two weeks’ statutory paid leave following the death of a child or a stillbirth (after 24 weeks of pregnancy).

The Act goes beyond that available to employees in the rest of the UK as it will also introduce paid miscarriage leave for employees in Northern Ireland by 6 April 2026. The government has recently indicated that it has no plans to introduce this right for employees in England and Wales

https://www.legislation.gov.uk/nia/2022/5/section/1/enacted

P&O Ferries has provided further information in relation to the mass redundancies made on 17 March 2022. In a letter dated 22 March 2022, responding to the government’s request for information, it advised that the affected employees were employed by Jersey companies and worked on vessels registered outside of the UK. This crates a loophole to depart from UK employment law as in this situation the secretary of state would not need to be notified of mass redundancies of ships registered overseas. P&O therefore gave no notification of the proposed redundancies to the Secretary of State, because section 193A of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA) required it to notify only the competent authorities of the states in which the relevant vessels are registered (which P&O argues it did).

Further information was provided by P&O’s Chief Executive, Peter Hebblethwaite, who appeared before the BEIS and Transport select committees on 24 March 2022. Mr Hebblethwaite conceded that there was no prior consultation with staff as required under TULRCA which was unlawful. However, he advised that the company considered it had no alternative in order to continue trading and that no union would have accepted the planned changes, stating that “we chose note to consult and we are, and will, compensate everybody in full for that” and that he “would make the same decision again if he had to”.

The Transport Secretary had previously advised that the government urged P&O to reconsider its position and engage with affected workers and trade unions, and that the Insolvency Service has been asked to investigate. If it is to have breached the notification requirements under sections 193 and 193A, P&O and its directors could face prosecution and potentially unlimited fines. At the select committee on 24 March 2022, the Under Secretary of State for Transport advised that the government considered that P&O’s failure to provide these notices sufficiently in advance could amount to a breach. However, as P&O claim to have notified the relevant authorities on 17 March, they may not be liable for such fines. The Insolvency Service expects to report back by 8 April 2022 on what action can be taken.

It is understood that those made redundant were offered an enhanced settlement of two and a half week’s pay for each year of service plus six months’ pay. However, they were required to enter into settlement agreements containing a non-disclosure obligation. The government continues to resist calls for the government to urgently introduce legislation preventing “fire and rehire” by employers, pointing out that this situation was more a “just fire” situation.

Employers in the UK should not see P&O’s process as one to follow as most would not fall under the same maritime laws but under general UK employment laws which would likely see their employees successfully bring employment tribunal claims against them as a result.

https://committees.parliament.uk/committee/153/transport-committee/news/165026/po-sackings-transport-and-business-committees-to-question-key-organisations/