Truth or Myth?: Employers do not have to implement suggestions made by GP’s on Fit Note.

Since the implementation of the Fit Note in 2010, many employers mistakenly think that they have no option but to implement suggestions made by a GP on a fit note. In fact, this is a myth.The Fit Note is a document that intends to issue guidance on how an employee can return to work, in the short time before they are expected to be fully fit for normal working duties. A Fit Note will not be issued if an employee is unfit to work in the long term.

This means that the suggestions made on the Fit Note are expected to be temporary and should not impact on the employee returning to work, eventually.

The employer’s guidance issued by the Department for Work and Pensions (DWP) makes it very clear that if it is not possible for employers to implement the suggestions, they are not obligated to do so.

In most cases the suggestions will be material changes that could be implemented in the employee’s office or work space. For example, a more supportive chair or a desk nearer to natural light, in which case, it would be relatively easy for employers to comply. However, sometimes the suggestions include changes would impact the job role quite heavily and may not be feasible to implement for a temporary amount of time. This may include amended working hours or remaining office based if the role included travel. In these circumstances, it may not be unreasonable for the employer to say that this will not be possible given the circumstances.

When declining to make the changes suggested in the Fit Note, it is important to explain to the employee why you feel this is the right decision. In the interest of employee/ employer relations it is important for these communication channels to be open and for the employee to understand why this is not possible. It may seem obvious from a management perspective, why the changes would be too disruptive, but from an employee’s point of view, they may not see any discernible reason for why they cannot return to work. Confused situations such as this can lead to tribunals and further action which is never favourable.

Employers are also within their rights to make alternative arrangements similar to those suggested to support a return to work – such as a temporary alternative role. After all, the overall point of the fit note is still being followed. It is however advised that these alternatives also be discussed with the GP to ensure that they feel these changes are inline with what they feel the employee is capable of (especially if the absence is based on physical injury). There may be negative impacts to wellness that might not have been recognised.The same can be said when an employee wishes to return to work despite the GP deeming them unfit for regular duties – if an employee feels well enough to return to work in some capacity then agreements can be made regardless of the GP’s advice.

Similarly, sometimes an employee wishes to returns to work despite the GP deeming them unfit for work. Again, this is not legally binding and if you and the employee agree that a return to work is possible then it is al

On the other hand, the employee is also within their right to turn down the suggestions made on the Fit Note. There may be a number of reasons that the employee does not feel ready to return to work despite the suggestions so each case should be assessed individually.

Although it is usually best for both the employees and organisation for a return to work to be as soon as possible, it is recognised that in some cases this is just not possible. There must simply be a valid reason for your dismissal of the GP’s suggestions.

If your organisation needs help or advice addressing the issue of a return to work based on medical advice or Fit Note recommendations, Honeydew Health can arrange for training or information to be given to staff. It may not be as complicated as it seems and there are usually alternatives. Please feel free to get in touch.