Press Releases
Fit Note v Sick note
Paul Roberts, Head of Employment at Keelys highlights the latest change in employee sickness legislation:
From today, (7th April) GPs will be issuing Fit Notes rather than Sick Notes for employees who are off work for more than 7 days. The main difference between fit notes and sick notes is that GPs will now have the option of recommending adjustments that could be made to enable the employee to return to work.
If you are happy to make those adjustments, that will be fine. You could agree with the employee that they will be paid a reduced rate if, for example, they will be working less than their normal hours or performing limited duties. If you plan to pay a reduced rate, it will be best to agree that before the employee returns to work, to avoid misunderstandings later.
If you are not prepared to make the adjustments you do not have to. However, if the employee is disabled, you will be obliged to make the adjustments if they are reasonable.
In addition, for any employee, if you dismiss them for ill health without having made an adjustment recommended by their GP, the fact that you have not made the adjustment will be taken into account in assessing the fairness of the dismissal. If the tribunal decided that it was unreasonable not to make the adjustment, the dismissal is likely to be unfair.