New Change to Fit Note Procedure

The Department for Work and Pensions have introduced new rules to the fit note procedure. From 1st July 2022, pharmacists, nurses, occupational therapists, and physiotherapists can now legally certify fit notes. This was something that only doctors were able to do up until now.

 

The DWP have made these changes in an attempt to reduce pressure on doctors and to make it easier for staff to get advice certified by the most suitable health expert. This will also encourage better conversations about work and health.

 

Minister for Disabled People has supported the change by stating: “These latest fit note changes recognise the valuable role other professions play in helping manage people’s health, and I hope this will also help reduce unnecessary bureaucracy for doctors and general practice more widely.”

 

Although this change has been made to fit notes, there are still aspects that remain. Here are the key things to keep in mind:

 

Off Work Due to Sickness 7 days or less

If employees are off sick for 7 calendar days or less, they do not need to provide a fit note. They also don’t need any other medical evidence. This means they can ‘self-certify’ their sick leave.

 

Your employees are entitled to the amount of sick pay stated in their contract. Failure to pay this can lead to a tribunal.

 

Off Work due to sickness for More than 7 days

If you have an employee who is expected to be off sick for longer than 7 days, where possible they should try and get a fit note to you on the 7th day. Failure to provide a Fit Note for absences lasting longer than 7 days could result in the Employee being considered AWOL.

 

What a fit note should include

The health expert will either tick ‘is not fit for work’ or ‘might be fit for work’ in the fit note, depending on their evaluation of the employee.

 

If they tick ‘might be fit for work’ , the healthcare professional must then provide information on what level of work they think the employee can do. They may have come to the conclusion that the staff member is able to work in general, but with adjustments implemented to allow them to get back to work. These could include:.

  • Lighter duties
  • flexible working
  • phased return
  • different tasks to complete
  • changes to work patterns or work area

 

It’s important that you take adjustments in a fit note seriously. It may help your staff get back to work quicker. If there’s no way for you to offer these recommended changes, this should be discussed with your employee and if agreed cannot offer the adjustments then the fit note will change from ‘might be fit for work to ‘not fit for work’.

 

We recommend introducing an occupational health expert or employee assistance programme to help staff return to work as quickly and safely as possible.

 

You can find out more about the fit note changes on the government website now. If you would like our support with understanding a fit note procedure or helping an employee return to work, contact us now.

 

Withdrawing an Offer of Employment: What’s the rules?

Withdrawing an Offer of Employment: What’s the rules?

Withdrawing an offer of employment is never something an employer wants to do. When you have invested time in the recruitment process and believe you have found the right person for the job, reversing that decision can feel uncomfortable and disruptive. Unfortunately,...

Capability Procedure: Managing poor performance at work

Capability Procedure: Managing poor performance at work

Managing underperformance is a familiar challenge for employers, and deciding whether to use a disciplinary or capability procedure can feel confusing. Getting this wrong can lead to unnecessary conflict, poor morale, and legal risk. A clear, fair, and...

Work Uniform Policy for UK Employers

Work Uniform Policy for UK Employers

In the UK, there are no specific laws that directly regulate dress codes or work uniforms. Therefore, employers can introduce a work uniform policy that suits their organisation, whether for branding, professionalism or health and safety. Even so, any rules must be...

HR Outsourcing Costs: Is It Worth It?

HR Outsourcing Costs: Is It Worth It?

Many employers across the UK are feeling the pressure of rising costs, shifting Government policies, and ongoing uncertainty about what the next year will bring. When every pound is under scrutiny, it’s natural to question where outside support truly adds value. One...

High Employee Turnover: Causes and Solutions

High Employee Turnover: Causes and Solutions

Employees move on from every business at some stage, and it’s not always for negative reasons. Whether someone is retiring, starting a family, or pursuing new opportunities, employee turnover is a natural part of working life. However, when you start to see a higher...

HR Priorities to Make Business Growth a Success

HR Priorities to Make Business Growth a Success

Business growth is exciting. It brings new opportunities, fresh talent, and the chance to take your company to the next level. But as teams expand, the way you manage people needs to evolve too. What worked with a small group won’t always suit a larger, more...