What is a fit note and when is a fit note required?

A fit note is an official written statement from a doctor giving their medical opinion on a person’s fitness for work. As of the 1^st of July, fit notes may also be issued by other health professionals (i.e. nurse, occupational therapist, pharmacist or physiotherapist). Fit notes were previously called sick notes. A fit note might include recommendations for how the employer could support the employee.

Fit notes aren’t legally binding. However, this doesn’t mean employers should immediately force their employees to return to work. Instead employers should consider any reasonable adjustments indicated on the note, for example:

• a phased return,
• reducing the employee’s working hours, and/or
• changing daily tasks.

Whether a fit note is required depends on the length of sickness absence. Employees are required to give their employer a fit note if they’ve been ill for more than seven days in a row and have taken sick leave, including non-working days, such as weekends and bank holidays.

Does a fit note need to be signed?

A fit note no longer has to be signed in wet-ink. The signature box has now been replaced with the issuer’s name and profession. Fit notes are usually printed but can be handwritten. They must be authorised by a doctor or other health professional and the address of the practice must be included on it. Duplicate fit notes can only be issued if the original has been lost. If an employee’s fit note does not include a health professional’s name or signature it is not valid and could be rejected by their employer or the Department for Work and Pensions (DWP) and they may be asked to get a new fit note. A fit note is classed as advice from a health professional. Employers can decide whether or not to accept it, and health professionals cannot get involved in any disputes between an employee and their employer.

What to do if you have doubts about whether a sickness absence is genuine

Employers who have concerns about whether someone’s reported sickness absence is genuine should properly investigate this by way of a medical examination with the employee’s permission by an occupational health specialist or other suitably qualified professional. Employers may also want to organise a return to work interview to ask the employee about the nature and extent of their recent illness, especially where they suspect the employee has fabricated or exaggerated their symptoms. Their fit note can be used to cross-reference their responses. Employers should make sure to act with caution when questioning an employee and not jump to conclusions as this could leave them at risk of a claim for constructive dismissal.

However, if there is evidence to suggest that the employee is not genuinely sick or is deliberately exaggerating the extent of their incapacity, this should be dealt with as a case of misconduct in the normal way in accordance with the Acas Code of Practice.

Can employers call the GP to confirm the authenticity of a fit note?

Despite the above, an employer does have the right to contact the health professional who issued the fit note to verify a fit note provided by an employee. However, employers are not allowed to ask for any additional information regarding the illness or condition. In this situation, the employer is only entitled to the information that is already included on the fit note.

What to do if you receive a foreign fit note?

Employers who are provided with a foreign medical certificate should not assume it is not genuine without reasonable belief. Employers may need to get the fit note translated. If you have doubts that the fit note is genuine, you can check that the issuer exists online.

However, as above, if you have evidence to suggest that an employee’s sickness absence is not genuine (for example, they have posted pictures that seem to suggest otherwise on social media), you should carry out a thorough investigation.

Who pays for a fit note if the employer requires one before seven days?

For the purposes of Statutory Sick Pay, employers cannot insist that employees provide them with a fit note in the first seven days of sickness absence. Employees can instead self-certify for this time. If an employer requires medical evidence for Company Sick Pay purposes in the first seven days of sickness absence, it is their responsibility to arrange and pay for this.

Five things to do if an employer receives a fit note

1. Check whether the employee’s doctor has assessed that they are not fit for work or may be fit for work.
2. Check how long the employee’s fit note applies for, and whether they are expected to be fit for work when their fit note expires.
3. If the employee may be fit for work, discuss their fit note with them and see if the employer can agree any changes to help them come back to work while it lasts.
4. If the employee is not fit for work, or if they may be fit for work but the employer can’t agree any changes, use the fit note as evidence for their sick pay procedures.
5. Consider taking a copy of the fit note for their organisations records (the employee should keep the original).