This article has been archived. Published: 14th June 2010

What All Employees/Employers Should Know

The new "Statement of Fitness for Work" or "Fit Note" came into use on 6 April 2010 and replaces the old “Sick Note”. The new fit notes have been implemented in order to prompt more constructive discussion between patient and GP and employee and employer as to what might be done in order to achieve a possible return to work.

When assessing an employee, a GP is asked now to either confirm that the employee is “not fit for work" or "may be fit for work taking account of the following advice…". There are then a number of tick boxes for the GP to complete, as appropriate, to suggest ways in which to facilitate a return to work.

The tick box options are:-

• a phased return to work;
• altered hours;
• amended duties; and/or
• workplace adaptations.

The GP is also invited to provide further information in respect of how the employee's condition might affect what they do and is encouraged to suggest any ways in which a return to work might be achieved. It is important to note that the GP’s suggestions are advisory and, therefore, that the responsibility of determining whether an employee is fit to return to work still remains with the employer.

This decision should be taken in the light of the medical advice received.

The maximum duration of a fit note issued in the first six months of a medical condition is three months (reduced from six months under the old sick note regime).

Key points for Employers to consider

Do your absence management policies and procedures correctly reflect the changes introduced by the new fit notes, so as to reduce the risk of any employee claims arising in respect of unfair dismissal and/or disability discrimination?

Do you have effective procedures in place in order to manage the risks of an employee’s return to work when they are certified by their GP as “may be fit for work”?

Are appropriate risk assessment procedures in place and, if so, are they properly implemented?

Have you updated contracts of employment in order to take account of the effect fit notes may have on existing contractual terms?

Key points for Employees to consider

Are you aware of the effect fit notes may have on your ability to claim Statutory Sick Pay and/or Company Sick Pay?

Are you an employee that “may be fit for work” and disagree with any adjustments being proposed by your employer in response to your fit note?

Are you aware of the effect your decisions may have and your options going forward?

Are you a disabled employee? Are you aware of the effect fit notes have on the adjustments employers must make in relation to your disability?

For the most up to date and practical advice in this complex area of the law our specialist Employment Team of solicitors are available in order to advise you further.

More information on our Employment Team -

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