Legislation Change Gives More Healthcare Professionals Power To Certify Fit Notes

• Published date: 04 July 2022
• Subject Matter: Food, Drugs, Healthcare, Life Sciences
• Law Firm: Harrison Drury Solicitors
• Author: Ms Grace McGarvey

New legislation to enable a wider range of healthcare professionals to certify fit notes has been introduced by the UK government to ease pressure on GPs. Grace McGarvey, a legal apprentice in Harrison Drury's employment law team, explains the role of a fit note and the reasons for the change.

From July 1, 2022, nurses, occupational therapists, pharmacists and physiotherapists (working in hospitals and GP practices) will be able to certify and issue fit notes - which up until now, only doctors were able to issue.

The law change will apply across England, Wales and Scotland and aims to simplify the process of issuing and receiving fit notes.

What is a fit note?

Individuals that are off work 'sick' for more than seven days will usually be asked by their employer to provide a fit note (or Statement of Fitness for Work).

Previously known as a 'sick note' a fit note is an official written statement from a doctor giving their medical opinion on a person's fitness for work. The fit note might also include recommendations for how the employer could support the employee.

A fit note advises the employer that the individual is either:

• 'not fit for work'; or
• 'may be fit for work taking into account the following the advice.'

Fit notes are used as evidence of incapacity for sick pay purposes, as well as enabling the employer to understand the issues and appropriately manage the employee's absence, and any associated return to work.

A fit note will continue to be issued only following an assessment of a person's fitness for work, it cannot be issued on request or via over-the-counter services.

What are the benefits to the change in legislation?

The extension of fit note certification follows legislation changes made in April 2022, which removed the need for fit notes to be signed in ink. It is now possible for eligible healthcare professionals to certify fit notes digitally, and for patients...