Using the Fit Note
[ch 2: pages 36-37]Fit Notes are stored electronically by the GP with a hard copy handed to the employer by the worker. An employer is not obliged to accept the advice on a Fit Note, but if the employer decides not to follow the advice, the Fit Note must be treated as if the GP has advised that the employee is “not fit for work”. Government advice states clearly that “unless the employer implements the advice on the medical certificate, the worker is not fit to return and should continue to be paid his or her sick pay entitlement”.
In practice, problems are likely to arise if the employer either fails to take the steps promised, or to carry them through adequately. An employee in this position should seek help from their union rep, and would normally use a grievance procedure.
The employer should carry out a revised risk assessment of any changes or adaptations needed to implement the recommendations on the Fit Note, to avoid introducing new risks. The Fit Note procedure does not change the employer’s overriding statutory duty to make reasonable adjustments for a disabled employee regardless of what the GP recommends (see page 57).