Change to Fit Notes from today and tips on knowledge of disability
Released On 1st Jul 2022
What’s changed?
Fit notes certifying sickness absence can now be validly issued by the following healthcare professionals in addition to doctors:
- Registered Nurses
- Occupational therapists
- Pharmacists
- Physiotherapists
This concerns healthcare professionals that work in a general practice or hospital setting. The fit note should only be issued after the employee’s fitness to work has been assessed, so fit notes cannot just be requested over the counter.
This change is in addition to the recent change since April of this year that removed the requirement for fit notes to be signed in ink. This means fit notes can now be validly issued digitally. Fit notes may be issued via SMS, e-mail, an app or another digital platform, so an employee may not be issued with a paper copy.
We recommend that employers review their processes to allow for the new changes.
Tips on knowledge of disability
The topic of fit notes highlights an important (sometimes overlooked) consideration when receiving fit notes. When dealing with absence management, consideration should also be given to whether the absence relates to a disability, which may be covered under the Equality Act 2010. Some claims such as a failure to make reasonable adjustments can result in liability for an employer where it does not have actual knowledge of a disability, but it is held by an employment tribunal that it should reasonably have known about the employee’s disability (“constructive knowledge”). In light of this, we recommend the following:
- Carefully review all the information provided in a fit note and consider whether to make further enquiries.
- Consider what reasonable steps can be taken to ascertain the nature of the employee’s condition. This can include a meeting with the employee to find out more information, consideration of addition medical information (e.g. GP records) and a referral to Occupational Health.
- Take into account that the fit note may not expressly disclose the relevant condition. However, relevant information such as the symptoms of the condition may be listed. Further enquiries may then disclose the relevant condition for the purposes of disability.
- Remember that employers should make up their own mind based on all the available information and not just rely on a third party’s assessment even if that is Occupational Health.
- Try to avoid making early assessments on whether the condition definitely meets the legal definition of disability and instead consider practically what support (if any) can be put in place. Please do let the team know, if we can be of any assistance in relation to any of the matters set out in this article
