Can an Employer Challenge a Sick Note? Understand Your Rights & Responsibilities.

Sick notes, or fit notes as they’re known in the UK, provide evidence of an employee’s illness and their need to take time off work.

Usually issued by a GP, they serve as a crucial part of managing absence through sickness in the workplace.

But what happens if an employer has doubts about the validity of a fit note? Can they challenge it?

What the law says

Employees are entitled to take time off when they are unwell. However, if they have taken sick leave for more than 7 days in a row, they must provide a fit note. This includes non-working days, such as weekends and bank holidays. The fit note will say the employee is either 'not fit for work' or 'may be fit for work'.

Employers do have the right to challenge a sick note if they have valid reasons to do so. However, this should be approached carefully to avoid claims of unfair treatment or discrimination.

The process and regulations regarding fit notes are governed by a few different laws in the UK. For a deeper understanding, we recommend the following guidelines:

The Employment Rights Act 1996 - outlines the rights of employees regarding time off for sickness and the evidence required for it.

The Equality Act 2010 - protects employees from discrimination, including those related to disabilities and health conditions.

Fit Note Regulations - provide guidelines for GPs on issuing sick notes, including recommendations on whether an employee is fit for work.

Steps an employer can take

If an employer decides to challenge a fit note, there are a few options that can be considered.

1. Seek clarification from the GP

Employers can request more information from the GP who issued the fit note. This should be done with the employee’s consent, respecting their privacy and confidentiality.

2. Get a Second Opinion

Employers can ask for a second medical opinion by asking the employee to undergo an independent medical examination. Again, this should be done with the employee's consent and in line with the company's sickness policy.

3. Refer to Occupational Health

Referring the employee to an occupational health specialist can provide a clearer picture of their health and work capability. In some instances, there might be reasonable workplace adjustments that can be made in order to help the individual return to work.

How we can help

As occupational health experts, we offer support when health related issues are impacting an employee’s ability to work.

Our goal is to reduce overall length of employee absence, whilst offering comprehensive support to the employer - ensuring their legal requirements are fulfilled.

OH One case management is designed to provide:

• A professional opinion on time frame and fitness for a return to work

• Health focused information, advice, and support for employee

• Advice regarding reasonable adjustments to assist a return to work

• Guidance for managers to assist employees
  

For more information, visit www.oh-one.co.uk/case-management