Can Employers Override Doctors’ Sick Notes?

When you run a small business and have employees, there will be times when they are too sick to work. They may explain their illness by providing a doctor’s sick note outlining why they cannot work. In that case, you need to consider both your business needs and your legal duty towards the health and safety of your employees. There may be instances where you consider overriding a doctor’s note; however, you should be aware of your legal obligations before taking action. This article will explain whether you can dismiss sick notes that your employees provide. 

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 our experienced employment lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 0808 196 8584 or visit our membership page.

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