Fit Notes Come Into the 21st Century from 06 April 2022 - Update from Ian Holloway

HR and payroll professionals will be familiar with the doctor’s certificate or Statement of Fitness for Work.  Commonly known as the Fit Note, this is completed and signed by a doctor to confirm either:

• The employee is unfit for work, or
• The employee may be fit for work if amendments are taken into consideration. This may be reduced hours, amended duties etc

 

Medical Evidence Regulations from 1976 and Statutory Sick Pay (SSP) Medical Evidence Regulations from 1985 require the Fit Note to be completed and signed by the issuing doctor ‘in ink or another indelible substance’.

Professionals need to be aware of The Social Security (Medical Evidence) and Statutory Sick Pay (Medical Evidence) (Amendment) Regulations 2022 and The Social Security (Medical Evidence) and Statutory Sick Pay (Medical Evidence) (Amendment) Regulations (Northern Ireland) 2022 (legislation.gov.uk) that come into force on 06 April 2022.  These Regulations allow the Fit Note to be completed, authorised and issued digitally without the requirement for completion and signature in ink.  The Regulations recognise that the ink requirement is inconsistent with digital issuing and authorisation.

The message for professionals is that they should not be surprised to see unsigned Fit Notes from 06 April 2022 (where a doctor’s technology allows the production of digital Fit Notes).  Just because there is an absence of ink does not mean that the Note is invalid and suitable evidence for the payment of SSP