How to use fit notes effectively

Author: Claire Watt

Summary

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• Be aware that healthcare professionals can issue a fit note indicating that the employee either is not fit for work or may be fit for work taking into account the healthcare professional's advice.
• Be aware that the employer is responsible for ensuring that any adjustments suggested are suitable and do not pose a risk to the employee.
• In cases of long-term absence, consider gaining more specific advice via a medical report.
• Discuss potential adjustments with the employee, based on the information provided by the healthcare professional on the fit note.
• Consider whether the employee's condition means that they are disabled within the meaning of the Equality Act 2010 and understand the duty to make reasonable adjustments.
• Retain a record of any adjustments made and give a copy to the employee.
• Be aware that the advice from the healthcare professional on a fit note is not legally binding and that the final decision on any adjustments lies with the employer.
• Carefully consider possible adjustments if the fit note states that the employee's job may be affecting their health.
• Comply with the data protection rules relating to information about employees' health.