Fraudulent fit notes

12 July 2010

BBC news has reported a number of instances of employees using fake “fit notes”. A web-site Doctorsnotestore.com has been advertising a "buy one and get one free" offer for fake versions of fit notes. The fake fit notes come with a guaranteed 48-hour delivery, and employees can choose to have their notes stamped by doctors from medical centres in any UK city. Employers could clearly be fooled by these fake notes especially as fit notes are new.

What is a fit note?
On 6 April 2010 the sick note was replaced by the fit note. With the fit note, a GP can decide whether an employee is fit for work or not. The fit note has space for the GP to give general advice about the impact of an employee’s illness or injury and to suggest ways in which an employer could support a return to work.

When does an employee need to obtain a fit note?
If an employee is off work sick for seven days or less, an employer should not ask for medical evidence of the illness because the employee will usually self-certify that they have been ill. If an employee is off work sick for more than seven days, depending on the individual company policy concerned, an employer is entitled to ask the employee to provide evidence or proof that they have been ill. Now this will normally be a fit note.

How is Statutory Sick Pay (“SSP”) affected by the new fit notes?
The requirements for the payment of SSP have not changed in the transition from sick to fit notes. If a doctor recommends that an employee 'may be fit for work', and the employee and employer agree that the employee should remain off work, the employee still gets SSP.

Is there an answer to fraudulent fit-notes?
The Government has no data as to how widespread the use of fraudulent fit notes is. Clearly, employers who pay company sick pay above SSP are the most at risk from fake fit notes. Our advice to employers is to check fit notes carefully and to conduct a robust return to work interview process at the end of the absence. Employers do not have to accept a fit note at face value. If they have any doubts as to a fit note’s authenticity it is important that the employer handle the matter legally, fairly and promptly; it is a serious accusation and it is better to have robust evidence rather than act in haste especially if the employee has a disability. Employers might also review their contracts and sickness absence policies in order to ensure that it gives them the right to refer an employee to an independent doctor if necessary.