The Fit Note 





The Statement of Fitness for Work or “Fit Note” is used to prove entitlement to SSP (and occupational sick pay, subject to the employer’s own rules). A GP can supply a Fit Note after a face-to-face consultation, or less usually, a telephone consultation, or after reading a written report from another health professional. Most GP surgeries use an electronic version of the Fit Note which the GP prints off the computer like a prescription and hands to the employee to be shown to the employer. The Fit Note belongs to the worker and must be returned to them. The employer can take a copy, or scan the data on the Fit Note. The Fit Note is not emailed by the GP to the employer. 





DWP guidance for employers on using the Fit Note, Getting the most out of the fit note, reminds employers that Fit Notes cannot be issued for the first seven days, during which employees must be allowed to self-certify, and that any employer who wants medical evidence covering the first seven days of sickness absence must arrange and pay for this themselves. Employers are only allowed to demand medical evidence of sickness for the first seven days if they pay occupational sick pay that exceeds SSP.





The Fit Note allows the GP, following discussions with the patient, to suggest that someone may be fit to return to work based on one of four possible options:



• a phased return;





• altered hours;





• amended duties; and





• workplace adaptations. 





There is space on the Fit Note for the GP to provide more information on the condition and its effect on the member’s work. There is no “Fit for Work” option on the Fit Note because once a worker is fully fit for work, the GP will simply not issue a new certificate. 





Sometimes, an employee’s GP agrees that they are fit to return but the employer insists on extra medical checks. The employee should be paid their normal wages while these extra checks are carried out, unless a clear written term in the employment contract allows the employer to pay something less than normal wages. This is because there is an implied term in every employment contract that an employee who is ready, willing and able to work must be paid their normal wages (Beveridge v KLM UK [2000] IRLR 765). Withholding wages without a clear written term would be an unlawful deduction of wages (see Chapter 4), and a fundamental breach of the employment contract (see Chapter 3).





The Fit Note guidance lists examples of possible changes to discuss with the employee. The employer is not obliged to accept the advice on a Fit Note but if an employer decides not to follow GP advice or follows it inadequately, the Fit Note should be treated as if the GP has advised that the employee is not fit for work. The DWP guidance to managers is clear. Page 4 of the DWP guidance says: “if you can’t agree to any changes, you should treat the Fit Note as if it says that your employee is not fit for work”. 





The employer should carry out a revised health and safety risk assessment of any changes or adaptations needed to implement the recommendations on the Fit Note to ensure new risks are not introduced. The Fit Note procedure does not affect an employer’s statutory duty under the Equality Act 2010 to make reasonable adjustments for a disabled employee (see Chapter 7).