| Key Point 1: The fit note system is being reformed to give workers and employers clearer guidance on fitness for work, reducing sick note inconsistencies and supporting faster returns to work. |
| Key Point 2: Under the current system, GPs issue fit notes when workers cannot work, but the format creates confusion between employers, employees, and healthcare providers. |
| Key Point 3: Workers absent due to incapacity can claim Statutory Sick Pay (SSP) for up to 28 weeks, provided they meet qualifying conditions and follow notification rules. |
| Key Point 4: The Department of Health and Social Care is launching pilots to test revised guidance for GPs, employers, and workers to standardise fit note procedures. |
| Key Point 5: Employers should keep records of all fit notes and follow the statutory three-day notice period for requesting medical evidence from workers. |
| Key Point 6: If disputes arise over fitness for work, workers have the right to request a second medical opinion under the NHS system. |
| Key Point 7: The Social Security Act 1998 and Employment Rights Act 1996 set the legal framework for sick pay eligibility and dismissal due to incapacity. |
What Is a Fit Note and Why Is the System Broken?
The current fit note system explained
A fit note is a medical certificate issued by your GP when you are absent from work due to illness or injury. It replaces the old sick note system. Fit notes tell your employer whether you are completely unfit for work or whether you may be fit to work with certain adjustments.
The problem is inconsistency. GPs use fit notes differently. Some provide detailed guidance on what work the employee might do; others are vague. Employers find it hard to interpret what “may be fit for work” actually means. Workers face uncertainty about what comes next.
How fit notes affect workers and employers
For workers, a poorly written fit note can delay return to work or lead to disputes with employers. For employers, vague fit notes create administrative confusion and make it difficult to plan for absences. The system currently fails all three parties: workers, employers, and GPs.
The government recognises this. The fit note system has not been substantially updated since 2010. Modern work patterns, remote working, and flexible roles now make outdated guidance obsolete.
How the Fit Note Reform Will Work
Government pilots and new guidance
The Department of Health and Social Care is now launching pilots in selected areas to test revised guidance. The pilots will run for several months. GPs will receive clearer instructions on what to include in a fit note. Employers will get simpler templates for requesting fitness-for-work information. Workers will understand their rights more clearly.
The revised guidance focuses on three key areas: getting workers back to work faster, making fit notes clearer and more consistent, and reducing the burden on GPs.
What the reform means for you
If you are off sick, your GP will soon provide clearer information about what you can and cannot do. If you are an employer, you will receive guidance on how to interpret fit notes and support workers safely. The reforms aim to reduce long-term absences by identifying early intervention opportunities.
Your Rights If You Are Unfit for Work
Statutory Sick Pay eligibility
If your GP issues a fit note saying you are completely unfit for work, you may qualify for Statutory Sick Pay (SSP). SSP is paid for up to 28 weeks of continuous absence due to incapacity. You must earn at least £120 per week (the current threshold) and be employed under a contract of employment.
Your employer is not required to pay SSP for the first three days of absence (called the “qualifying period”). After that, you are entitled to SSP at the rate of £111.35 per week (as of April 2026). Your contract may provide better terms.
What happens if you can do adjusted work
If your fit note says you “may be fit for work with adjustments,” your employer is required to consider reasonable adjustments. These might include temporary changes to your role, working from home, or modified hours. This is a legal duty under the Equality Act 2010 if your condition amounts to a disability.
If your employer fails to make adjustments and you feel you are being treated unfairly, you may have grounds for an unfair dismissal claim or a discrimination claim. Always keep copies of fit notes and communications with your employer.
What Happens If There Is a Dispute?
Requesting a second opinion
If you disagree with your GP’s fit note, you can request a second opinion through the NHS. This is your right. You cannot be required to pay for a second opinion if you request it as a formal NHS service. However, if you choose to see a private doctor, you will pay privately.
Employers cannot force you to obtain a private medical report. They can only ask your GP for further information using a statutory request. If disputes continue, the case may eventually involve an employment tribunal.
When dismissal may be unfair
An employer cannot dismiss you simply because you are unfit for work. Dismissal on grounds of incapacity must follow a fair procedure. Your employer must invite you to a meeting, consider medical evidence, explore whether adjustments or alternative work are available, and give you the opportunity to respond.
If your employer dismisses you without following this procedure, you may bring an unfair dismissal claim at an employment tribunal. You have the right to be accompanied by a representative at any meeting. Always seek legal advice if dismissal is threatened.
Practical Steps to Take Now
Keep fit notes in a safe place and understand what they say. If you have queries, ask your GP for clarification before giving the note to your employer.
Inform your employer within the required timeframe (usually within two days). Follow your workplace absence procedures.
If you are fit for work with adjustments, request them in writing and keep copies of your request and your employer’s response.
If you feel you are being treated unfairly due to illness or injury, contact a solicitor for advice early. The sooner you seek legal advice, the more options you have.
FAQ
Q: Can my employer ask me to see a private doctor if I provide a fit note from my GP?
A: No. Your employer can ask your GP for further information using a statutory request, but cannot force you to see a private doctor. If they do, that may be a breach of trust and confidence in your employment relationship.
Q: What if my fit note is issued by an NHS walk-in centre instead of my GP?
A: Walk-in centres can issue fit notes, and they are treated the same as GP fit notes. Your employer must accept them unless they have grounds to dispute the medical evidence.
Q: How long can I be off work on a fit note before my employer can dismiss me?
A: There is no fixed time limit. However, if absence is likely to be permanent or extended, your employer must follow a fair dismissal procedure. Seek legal advice if absence is likely to exceed three months.
Q: Can I claim Statutory Sick Pay if I am self-employed?
A: No. Self-employed workers are not entitled to Statutory Sick Pay. You may be entitled to Employment and Support Allowance (ESA) if you meet the criteria.
Q: What is the difference between “unfit for work” and “may be fit for work with adjustments”?
A: “Unfit” means you cannot do any work. “May be fit with adjustments” means you might be able to work if your employer makes changes (e.g., remote working, lighter duties). Your employer should discuss adjustments with you.
Q: Who should I contact if my employer refuses to accept my fit note?
A: Contact ACAS for guidance, or speak to a solicitor. Your employer is legally required to accept fit notes from registered GPs and NHS services.
Q: What happens if my fit note runs out and I am still unfit for work?
A: You need to obtain a new fit note from your GP or another registered healthcare provider. Without one, your employer may not be required to continue paying SSP after 28 weeks.
This article is intended for informational purposes only and does not constitute legal advice. For specific advice relating to your circumstances, please contact Wolf Law directly to arrange a consultation with one of our qualified solicitors.
