Fit Notes - The Facts. Clough & Willis' Employment Law Specialists explain new Return to Work Forms

There has already been some confusion regarding the introduction of the so called Fit Note. Some employees and employers believe that the notes are to obtained until the employee is fit to return to work but that is not the case as an employer can still request evidence of an incapacity to work. The Fit Note will merely confirm whether or not the medical practitioner considers that the employee cannot work or could work with some assistance from the employer.

The doctor will need to provide further information which should help the employer understand the condition and plan the workload. As with the Sick Note, the Fit Note can only be obtained after seven calendar days of illness. Where the doctor considers that the person may be fit to work they have boxes to tick which indicate what could be done to assist their return. The boxes are headed:

• Phased Return to Work
• Altered Hours
• Amended Duties
• Workplace Adaptions

If a doctor provides such a statement the employer needs to consider the ticked box, any other comments on the note and discuss the issues with the employee. The advice is not binding but it should be considered. It is hoped that this use of Fit Notes will assist employers in planning work and understanding an employee's ailment earlier.

For a free initial consultation about any employment law issues please contact Andrew Moore, andrew.moore@clough-willis.co.uk or Tim Gray, timothy.gray@clough-willis.co.uk.