On 6th April 2022, the law will change regarding doctor produced fit notes, which are a prerequisite for statutory sick pay. An updated version of the fit note will be introduced which no longer requires a doctor’s manual signature in order to be valid. From 6th April only the doctor’s name and address is needed to authorise the note; this will allow the fit note to be completed, authorised and issued in a wholly digital format.
Fit notes are normally required for employees off sick for more than 7 calendar days (although this timeframe was temporarily extended to 28 days in response to the Covid pandemic). If an employee is absent from work for more than 7 days without providing a fit note, the employer may be entitled to withhold any contractual sick pay or statutory sick pay.
If the fit note confirms the patient is not fit for work, it can then be used by the employer as evidence for sick pay procedures. The fit note may also provide employers with valuable insight into the nature and extent of the illness or injury suffered by an employee, including ways in which employees can be supported in their return to work.
In the wake of the new digital fit notes, employers may be increasingly concerned that the removal of the requirement for a doctor’s ink signature could make it easier for employees to obtain fit notes remotely (without a genuine assessment of their condition) or obtain unauthorised versions of fit notes. If an employer suspects an employee has provided a fake fit note, the employer is entitled to challenge the authenticity of the note. In the wake of these new rules, it would also be prudent for employers to consider incorporating their own medical or occupational health assessment in addition to relying on GP fit notes.
