Can you disagree with a fit note?
Work is good for you
Fit notes replaced sick notes back in April 2010. The idea of the new regime is that GPs can advise on ways that an employee can safely return to work, possibly getting them back to work sooner. So whereas previously employees were deemed to be fit or unfit for work, there’s now a new category, “May be fit for work”. If the doctor’s discussion with the employee about their work shows that there’s a possibility they could return, perhaps with reduced hours etc., then they’re supposed to include the suggestion on the form.
Is it working?
However, it doesn’t seem to be working all that well, with both sides blaming each other. Employers say that doctors are not writing anything meaningful on the forms. This could be because they don’t understand the workplace or they don’t wish to offer an opinion on what an employee can safely do. Doctors say the problem is that employers are inflexible and that bringing a convalescing employee back into the workplace is put on the “too difficult” pile.
How likely is it you’ll disagree?
On the basis of the emerging picture we’ve described, it’s likely that you will struggle to allow an employee back to work before they’re fully fit if you have to rely on the GP’s advice. This is because the GP’s knowledge of your workplace is based solely on the verbal description given by the employee.
Tip. Because of the limitations described, the GP’s recommendations are not binding. The final decision rests with you.
So what are the options?
If you think an employee can return to work but you don’t agree with the GP’s recommendations:
Tip 1. Speak to the employee to gauge their views about coming back. Make notes of your findings.
Tip 2. Unless the outcome seems very straightforward, seek occupational health advice (see The next step). Such advisors are in a better position to advise you than the employee’s GP.
Tip 3. Review your risk assessments. Check that any assumptions you made about employee fitness are still applicable and identify any adjustments which need to be made to the job or workplace. Make a note that you reviewed the risk assessments for this purpose, e.g. by annotating the master copies.
What about liability?
It’s liability which most concerns employers when considering whether to allow an employee back to work before they’re signed off as fit.
Note. The fit note doesn’t include a “Fit for work” option so they can’t be signed back to work.
Tip. Bear in mind that if you allow an unfit employee back to work early, they may put both themselves and others at risk. Going through a process of occupational health assessment and reviewing risk assessments will help to limit your liabilities.
For further information on occupational health advisors, visit http://healthandsafety.indicator.co.uk (HS 09.14.05).
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