Fit Notes and Decision-Making at Work
Fit notes are issued by a GP and clarify an employee’s capacity for work. Where an employee is fully fit, no fit note is issued.
The role of the employer
Employers are entitled to consider the advice, seek further information and, where appropriate, obtain alternative medical opinions.
This principle has been supported by case law. In Jones v Post Office [2001] IRLR 384, the Court of Appeal held that where an employer has undertaken a properly conducted risk assessment and relied on appropriate medical evidence, a tribunal should not substitute its own assessment for that of the employer. The court confirmed that decisions based on informed medical advice and genuine consideration of risk could be justified, even where a disability was involved. This case remains highly relevant in reinforcing the importance of evidence-based decision-making and the proper use of occupational health advice.
Occupational health and conflicting medical opinions
Occupational health professionals play a distinct role in the workplace. While GPs act primarily as patient advocates, occupational health practitioners provide impartial, evidence-based advice with an understanding of the specific demands and risks of the workplace. Updated guidance allows employers, in certain circumstances, to place greater weight on occupational health advice than that of a GP.
Getting the process right
Where employers rely on occupational health advice, it is essential that the process is robust.
Where an employee is under the care of a hospital specialist, obtaining an up-to-date report may also be appropriate. Ultimately, decisions should be based on sufficient and proportionate information, rather than assumptions or incomplete evidence.
Staying in work where possible
There is strong evidence that work is generally beneficial to both physical and mental health, and that prolonged absence can be harmful. Research has consistently shown that, with appropriate support and adjustments, remaining in or returning to work is usually in the best interests of both the individual and the organisation.
