The ‘fit note’, or ‘Statement of Fitness for Work’ to give it its formal title, has been around since 2010. It provides evidence of an employee’s health condition for sick pay purposes, and contains information to help the employer support their employee to make a full or partial return to work after illness.
Following changes to some of the processes around ‘fit notes’ last year, the Department for Work and Pensions (DWP) have updated their fit note guidance for employers and employees. The new guidance includes a checklist of the key points for employers to consider when discussing a fit note with an employee, an explanation of what the form contains and a number of case studies showing how the information from the fit note can be used in practice.
When are fit notes needed?
A fit note is needed if an employee is off sick for more than seven calendar days. For seven or fewer days, employees can self-certify their sickness.
To be valid, the fit note must contain the issuer’s name, profession, and the address of the medical practice issuing it.
Fit notes will only be issued in respect of medical conditions. If other personal problems are affecting your employee’s ability to work, then this won’t be covered by a fit note.
What changed last year?
The new guidance follows some changes made last year. Since April 2022, it has been possible for relevant health care professionals to issue fit notes electronically, without the need for a hard copy or ‘wet’ signature.
Fit notes can also now be certified by nurses, occupational therapists, pharmacists, and physiotherapists, in additions to doctors.
How to use a fit note as an employer
Despite the name, a fit note will not be issued to declare that the employee is ‘fit for work’. Instead an employee will only be issued with one if, following an assessment with a medical professional, it is determined that their health condition affects their ability to work. It might be that they are not fit for any duties, or that they may be fit for some duties.
If the employee is not fit for any duties, the fit note will say how long they will not be fit to work and if they can expect to return to work at the end of this period. As the employer, you should take a copy of this for your notes as evidence for any statutory sick pay. The employee should keep the original in case they need it for any benefit claims.
If the employee is considered fit for some duties, then the employee and employer should have a discussion over what adaptions can or should be made. The fit note will not give advice about the individual’s specific job, but about their fitness to work in general. The aim is to give the employer some guidance to see if any other work is possible. The guidance notes that returning to work in some form can be helpful for an employee’s wellbeing and their recovery.
If you are struggling as an employer to understand the advice on the fit note, then you may need to ask your employee for more information, or consider getting further advice from an occupational health specialist.
The further information section of the guidance provides a list of useful resources for employers. These include how to support an employee with their health or with a disability, what reasonable adjustments are, and when they might be needed, as well as guidance on long term sickness and incapacity for work.
This article reflects the position at the date of publication (14 November 2023). If you are reading this at a later date you are advised to check that that position has not changed in the time since.
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