Changes in who can legally certify a ‘fit note’ – July 2022.
Many employees (and employers) may still use the term ‘sick note’, but the principle of a ‘fit note’ is the same. Previously only a doctor could sign someone as either ‘not fit for work or fit for work’.
Whilst specific advice may be given on the fit note regarding whether someone was ‘fit for work’ (phased return, adaptions or reasonable adjustments) – this advice and the fit note can now be completed by a wider range of health practitioners than local GP’s.
From 1st July 2022 nurses, occupational therapists, pharmacists and physiotherapists working in a general practice or hospital setting can legally certify a ‘fit note’. The law has been relaxed to ease the pressure on UK doctors and surgeries.
This change comes in light of significant pressure on GPs as they tackle appointment backlogs caused by the Covid-19 pandemic. It is expected to free up millions of appointments for those needing access to GP services, allowing people to get the right support. Fit note – GOV.UK (www.gov.uk)
From 6th April 2022 the new version fit note came into general circulation where the printed name and address of the doctor is equal to a pen and ink signature. Whilst this new style fit note is rolled out, the signed in ink notes remain valid.
It is sensible to remember though that a fit note is classed as advice and is not legally binding on employers, although there should always be a good reason for not complying with one. If the employee is disabled, an obligation to make ‘reasonable adjustments’ may arise. Failure of which may entitle the employee to bring a discrimination claim.
The office for National Statistics reports the highest rate of sickness absence in over a decade, although a significant proportion of this will be Covid 19 absence – the more relaxed rules arounds legal ‘sign off’ for fits notes should help employees get back to work more quickly.
Sickness absence in the UK labour market – Office for National Statistics (ons.gov.uk)
If you are in doubt about who can sign off a sick note of any comments regarding a return to work, contact us for the right advice and peace of mind.
