Summary
- Employers in the UK should generally not override a doctor’s sick note, as it is expert medical evidence on an employee’s fitness for work.
- While not legally binding, ignoring it carries legal risks, including claims for unfair dismissal, discrimination or health and safety breaches.
- Employers can question a sick note by seeking a second medical opinion or occupational health assessment rather than disregarding it.
- This guide explains whether employers can override sick notes for business owners and employers in the UK, prepared by LegalVision, a commercial law firm that specialises in advising clients on employment law.
- It provides a practical explanation of employer responsibilities, legal risks and appropriate steps when managing employee sickness absence.
Tips for Businesses
Do not ignore a sick note without strong justification. Discuss adjustments with the employee and follow medical advice where possible. If concerns arise, seek a second opinion rather than overriding it. Keep clear records and act cautiously, as mishandling sickness absence can lead to legal claims.
A sick note, or “fit note”, is a medical opinion from a healthcare professional about whether an employee is fit for work and what adjustments may be needed. For your business, overriding it carries legal and practical risk, as disregarding medical advice can lead to claims for unfair dismissal, discrimination or breach of duty of care. While the note is not strictly binding, you should treat it as expert evidence and proceed cautiously, particularly where health conditions or disabilities are involved. This article explains whether employers can override sick notes, when it may be possible and the risks you need to manage.
What is a Doctor’s Sick Note?
A doctor’s sick note, which you may hear people refer to as a ‘fit note’ or a ‘medical statement’, is a letter from a medical professional that details that your employee:
- is not fit to work; or
- may be fit to work if you made some adjustments for them.
Can I Override a Doctor’s Sick Note?
There is no straightforward answer as to whether you, as an employer, can override a sick note. However, you should avoid overriding a doctor’s note as it is a medical professional’s opinion on your employee’s ability to work. Therefore, you should respect the advice given.
However, if you doubt the advice, you should proceed carefully and consider consulting with an employment lawyer.
For example, if you doubt the advice on the fit note, you could request a second opinion from another medical practitioner instead of ignoring it. You may also consult an occupational health professional. It is crucial to speak to your employees openly about their health circumstances and to obtain their consent to any second opinion. Additionally, you should keep a detailed written record of all the steps you take, including justifications.
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What Are My Responsibilities Concerning Sick Leave and Fit Notes?
When your employee produces a doctor’s sick note and returns to work, this should guide you in ensuring they can get back on track smoothly. Conversations with them will also aid this. For example, you may need to make reasonable adjustments to their:
- workload; or
- environment.
What Are the Possible Consequences of Overriding a Doctor’s Sick Note?
You should generally not override a doctor’s note as you could see adverse consequences. For example, you could face legal proceedings by not abiding by the advice in a doctor’s sick note, such as requiring your employee to lift heavy objects when it says they should avoid this. You could face a claim in an employment tribunal for:
- unfair dismissal; or
- discrimination.
Where you assert your right to take the advice of a second medical opinion, you must be able to show an employment tribunal why you took this advice and not that in the doctor’s sick note.
Key Takeaways
If your employees have been off work for more than seven days, you may require them to produce a doctor’s sick note. This will detail whether they are fit to work and what you can do to enable them to return to their role. Generally speaking, it is good practice not to override a doctor’s sick note as it is a medical expert’s opinion on a medical matter. Although you are not legally bound by the advice given in a doctor’s sick note, if your employee has a disability and requires reasonable adjustments, you have a legal duty to make these.
If you need help as an employer understanding doctor’s sick notes LegalVision provides ongoing legal support for businesses through our fixed-fee legal membership. Our experienced employment lawyers help businesses manage contracts, employment law, disputes, intellectual property, and more, with unlimited access to specialist lawyers for a fixed monthly fee. To learn more about LegalVision’s legal membership, call 0808 196 8584 or visit our membership page.
Frequently Asked Questions
Most employers require a sick note or fit note for employees who have been off work sick for more than seven days. This note details the employee’s illness and reasons for taking sick leave.
If you override a doctor’s sick note, you could face a claim in an employment tribunal.
Yes, you can seek a second medical opinion if you reasonably doubt the advice. You must justify why you rely on alternative medical evidence instead of the original note.
You risk claims such as unfair dismissal or discrimination if you ignore medical advice. Failing to follow recommendations may also breach your duty to protect employee health and safety.
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