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Does the UK have a Sick Note Culture?

THSP Employment Law Consultant - Andrew Wilson

By Andrew Wilson

LinkedIn profile

In April 2024, the Prime Minister set out a pledge to overhaul the rules GP’s follow when issuing fit notes, technically called MED3 Certificates. Employers often see MED3 certs issued too freely, for longer than necessary and without consideration for the role the worker fulfils; all from a 10 minute appointment. In my experience this infuriates employers and impacts on resource planning.

Proposed changes will introduce an objective assessment on the fitness to work by specialist work and health professionals before. During this assessment a MED3 certificate may be declined, or adjustments to the role proposed; opposed to being signed off. None of this changes the option to self-certify for the first seven days, of course.

Impartial commentators, such as ACAS and the CIPD think that this could see employees returning to work too soon, causing long term repercussion and avoidable health and safety concerns. Ultimately insurances could be put at risk, with premiums increasing.

However, and as it currently stands, if employees are forced back to work while they are still not well enough employers may not want them back. Return to Work interviews often conclude the worker is not fit enough to work and then seek a second opinion. Why do employees opt to return to work sooner than they should? Money! SSP does not sustain any level of living. If a second option is sought then the employee will be medically suspended, on full pay.

While it may become more difficult to obtain a MED3 the reality is people still get ill and the responsibility to gauge fitness to work will fall more on the employer. Whether or not this fit note reform happens this year there are still a number of HR best practice steps employers should take.

  • Have a robust policy about sickness absence, return to work and communications
  • Keep good records of sickness absence. Use ‘absence self-certificate records’ for absences less than 7 days
  • Undertake return to work interviews
  • Engage with an occupational health professional, so they are on hand when needed
  • Be open to adjustments
  • Be consistent!

I don’t hold much hope for the proposed fit note reforms, after all the Government fit for work scheme introduced in 2016 was scrapped 2 years later after it failed to get out of the starting blocks.

If you have any questions related to this or any other HR matter, then ‘Ask Andrew’ via marketing@thsp.co.uk