Managing employee absence is crucial for any organization. A key part of this is dealing with suspected cases of employees faking illness to take time off work, sometimes known as “pulling a sickie.” This can involve providing a fake sick note, which is a serious issue for employers.
A fake sick note, or fraudulent sick note, is a document presented by an employee to justify their absence that has been forged, altered, or completely fabricated. While most sick notes are legitimate, fake ones can lead to unwarranted time off, erode trust in the workplace, and increase costs for businesses.
Employers need to handle concerns about sick notes with sensitivity and fairness. It’s a balancing act between trusting and supporting employees and being vigilant to protect business operations and ensure fairness for everyone. Accusing an employee of faking a sick note without proper evidence can be incredibly damaging, harming relationships and potentially leading to legal issues like claims of unfair treatment or constructive dismissal.
This guide will explain what employers should look for in a genuine doctor’s note and provide pointers on how to spot a fake one. We’ll cover the essential elements of a standard sick note and the appropriate steps to take when you suspect a note might be fraudulent.
Understanding the Rules of Sick Notes
Employees who are genuinely ill or injured are entitled to take time off work. Depending on the length of their absence, they may need to provide a doctor’s note, also known as a fit note, to their employer.
For absences of 7 calendar days or less, employees don’t need to provide a doctor’s note. However, employers can ask them to “self-certify” their absence upon their return. This usually involves a written explanation, either via email or a self-certification form. If an employee is absent for more than 7 consecutive days, a doctor’s note is mandatory.
The official term for a doctor’s note is now ‘fit note’ or ‘statement of fitness for work’. This document is issued by an authorized healthcare professional, such as a General Practitioner (GP), hospital doctor, nurse, occupational therapist, pharmacist, or physiotherapist. It serves as official confirmation of an employee’s inability to work due to illness or injury. Employees can use a real doctor’s note to claim sick pay if they are unfit for work. Importantly, fit notes can also suggest ways employers can support an employee’s return to work if they are potentially fit to work with certain adjustments.
How Doctor’s Notes Function
A real doctor’s note will include key information such as the date the employee was assessed, the nature of their medical condition, and the expected duration of their absence or the need for reassessment. It might also suggest ways the employer can support the employee’s return to work, such as reasonable adjustments like modified duties, flexible hours, or workplace adaptations.
Generally, employers should accept a doctor’s note at face value. A healthcare professional will only issue a sick note if they believe the employee’s fitness for work is significantly impaired. If an employee is deemed fit for work, they will not receive a note. This means that if an employee has a real doctor’s note stating they are unfit for work, they should not work during the specified period. Employees should not be pressured to return to work before their sick note expires.
In cases where a doctor assesses an employee as potentially fit for work, the employer and employee should discuss possible adjustments to facilitate their return. These adjustments might align with suggestions in the doctor’s note. Employers may also request a further assessment from an occupational health specialist. If no agreement on adjustments can be reached, or if the employer cannot implement suitable adjustments, the employee must be considered unfit for work.
Steps to Take When You Receive an Employee’s Sick Note
When an employer receives a sick note from an employee, a systematic approach is essential to verify its authenticity and handle it appropriately. Here are the recommended steps:
1. Careful Examination of the Sick Note
Thoroughly review the sick note to ensure it contains all the necessary details. A legitimate doctor’s note should typically include:
- The date the employee was clinically assessed by the healthcare professional.
- The specified duration of the absence from work.
- A clear statement indicating whether the employee is “unfit for work” or “may be fit for work with adjustments.”
- The healthcare professional’s full name, the address of their practice, and their signature (digital or physical).
For digital fit notes, confirm that the document adheres to the standard NHS digital format. Missing sections, inconsistencies in details, or poor formatting can be red flags and raise concerns about the note’s authenticity.
2. Compare Information with Absence Report
Cross-reference the information on the sick note with the employee’s reported illness, symptoms, and the dates of their absence. Any significant discrepancies between the sick note and the employee’s initial report should be investigated further.
3. Look for Signs of Alteration
Be vigilant for signs that a sick note might have been altered. These signs can include:
- Any handwritten changes or corrections that are not initialed or verified by the medical practitioner.
- Dates that appear mismatched or changed, extended periods of absence that look amended, or blank sections that seem filled in later.
- Signatures that appear suspicious, especially on handwritten notes. Look for inconsistencies or signs of forgery.
4. Contact the Issuing Practice (If Necessary)
If you have genuine concerns about the authenticity of a sick note, you can contact the issuing GP practice or healthcare provider to verify if it is a real doctor’s note. While medical professionals cannot disclose confidential patient information without consent, they can confirm whether they issued a sick note for the employee in question and if any alterations were made after it was originally issued and signed.
5. Discuss Your Concerns with the Employee
Before taking any formal action based on suspicion, arrange a private meeting with the employee to discuss your concerns about the sick note. This is crucial to give the employee a fair opportunity to explain the situation. Handle this conversation with sensitivity and fairness to avoid damaging trust and employee relations.
6. Document the Entire Process
Maintain detailed records of the sick note, all verification checks you conduct, and any discussions held with the employee. Thorough documentation is essential to demonstrate that you handled your concerns appropriately and in accordance with company policies and employment law.
7. Fair Application of Absence Policies
Regardless of any suspicions about a sick note, always adhere to your organization’s established sickness absence and disciplinary procedures. Any further action, such as referring the employee to occupational health or initiating a disciplinary investigation, should be carried out carefully, proportionately, and in line with your policies, especially in cases of long-term sickness absence.
Key Components of a Standard, Real Doctor’s Note
A legitimate doctor’s note, or fit note, follows a standard template with specific sections, tick boxes, and comment areas. A real doctor’s note should always include the following:
- Date of Clinical Assessment: This date indicates when the healthcare professional assessed the employee’s condition.
- Nature of Condition: A brief, general description of the health issue affecting the employee’s ability to work. Specific medical details are usually not required.
- Fitness Assessment: The note will clearly state whether the healthcare professional has assessed the patient as:
- Unfit for work, or
- Potentially fit for work, but requiring workplace adjustments.
- Return to Work Recommendations: If assessed as potentially fit for work, the note may include suggestions for adjustments the employer could make. These might include:
- Amended duties to suit their condition.
- Altered working hours, such as reduced or flexible hours.
- Adaptations to the workplace environment.
- A phased return to work plan to gradually increase workload.
- The medical professional may also comment on the functional effects of the condition, such as limitations in stamina, mobility, agility, or cognitive function, to help guide appropriate adjustments.
- Anticipated Recovery Period: This will be indicated either as a specific timeframe (e.g., “2 weeks”) or a date range (e.g., “until 15/08/2024”), showing how long the employee is expected to be unfit for work.
- Reassessment Advice: The note will state whether a follow-up assessment is recommended at the end of the current note’s duration.
- Healthcare Professional’s Details: A real doctor’s note must include the medical professional’s full name, their signature (which may be digital on printed notes), the address of the issuing practice, and the date the fit note was issued.
It’s important to note that a healthcare professional’s assessment of fitness for work is a general assessment and not specific to the employee’s particular job. They are not expected to have detailed knowledge of every workplace or occupational health and are not required to suggest specific changes to job roles or working conditions.
Furthermore, a doctor’s note does not need to disclose the details of the information the patient provided or the specifics of how the health condition was assessed.
Identifying a Fake Sick Note: Red Flags
Employers can effectively spot a fake sick note by carefully examining it for inconsistencies, errors, and irregularities. Here’s what to look for:
Firstly, scrutinize the format of the sick note. Genuine fit notes are typically computer-generated and follow a standardized NHS template. Be alert for any errors in the layout, font styles, or alignment, as these could indicate tampering or forgery. Digital fit notes should contain clear, professional details including the issuing GP’s name, practice address, and issue date.
Examine the details provided on the note meticulously. Ensure all mandatory sections are fully completed, such as the clinical assessment date, fitness for work advice, and the anticipated recovery period. Errors like spelling mistakes, noticeably poor handwriting on what should be a printed form, or overly vague descriptions of the medical condition are atypical of professional medical documentation and should raise concerns.
The signature on the note is another critical point. Printed fit notes will include the practitioner’s name and registration details, but handwritten notes must have an original physical signature in ink. Missing or suspicious signatures are significant red flags for potential forgery.
Compare the information on the sick note against the employee’s reported symptoms and any history of absences. Discrepancies, such as unrealistic recovery periods that don’t match the reported illness or dates that don’t align with the absence, could suggest dishonesty.
If doubts persist after these checks, employers are within their rights to contact the issuing GP practice or healthcare provider to verify the note’s authenticity. While medical professionals are bound by patient confidentiality and cannot share medical details without consent, they can confirm whether a fit note was indeed issued by their practice.
Challenging a Potentially Fake Sick Note
If an employer suspects an employee has provided a fake sick note, it is permissible to challenge its authenticity. However, this must be approached with caution and sensitivity to maintain trust and avoid legal risks.
Accusing an employee of providing a fake sick note without sufficient evidence can severely damage the employer-employee relationship. If accusations are unfounded, the employee may feel unjustly treated, potentially leading to resignation and claims of constructive dismissal due to a breach of trust and confidence. Therefore, proceed cautiously and avoid jumping to conclusions without clear justification.
When reasonable evidence supports concerns—such as noted inconsistencies in the sick note’s details or suspicious patterns of absence—employers can take further action. Before escalating, it is advisable to have a private, discreet meeting with the employee to discuss the concerns and give them an opportunity to respond and provide clarification.
If doubts remain after speaking with the employee, employers may then contact the issuing medical professional or their practice (surgery, pharmacy, or hospital) to verify the sick note’s authenticity. Again, while doctors cannot disclose medical information without the employee’s consent, they can confirm whether they issued the note and verify if it has been altered in any way, such as changes to dates or content.
Handling suspicions of fake sick notes professionally and sensitively is paramount to prevent claims of unfair treatment and to foster a fair and respectful workplace culture.
What Happens if No Sick Note Is Provided?
If an employee is absent from work for more than 7 days and fails to provide a sick note, the employer is entitled to withhold both contractual sick pay and statutory sick pay (SSP).
In such cases, the employer should first attempt to contact the employee by telephone to understand why a sick note has not been provided. If phone contact is unsuccessful, or if the employer is not satisfied with the employee’s explanation, they should contact the employee in writing. This written communication should clearly outline the sickness reporting requirements according to the company’s absence policy and legal requirements. The employer is legally entitled to request reasonable information to determine if an employee qualifies for SSP or contractual sick pay under an occupational sick pay scheme.
Furthermore, the employee should be formally warned that unauthorized absence due to failure to provide a sick note could result in disciplinary action, in line with company policy.
Need Further Assistance?
DavidsonMorris’ HR consultants specialize in supporting employers with all aspects of workforce management, employee rights, and employer statutory obligations. Working closely with our team of employment lawyers, we offer comprehensive guidance on managing fit notes, sickness absence, and facilitating the return to work process. For tailored help and advice on specific issues related to sick notes or absence management, please contact our experts.
Fake Sick Note FAQs
Can an employer question if a sick note is real?
Yes, employers have the right to question a sick note’s authenticity if they have reasonable grounds for suspicion of forgery or alteration. However, this must be done sensitively and fairly to maintain trust and avoid legal issues.
What are the key signs to look for when questioning a sick note?
Look for inconsistencies such as missing required information, incorrect formatting, recovery periods that seem unrealistic, or dates that don’t match the employee’s reported absence. Handwritten notes when digital are standard, and vague descriptions of illness can also be red flags.
How can an employer check if a sick note is genuine?
Employers can contact the issuing GP practice or healthcare provider to verify if a sick note was issued. While doctors cannot disclose medical details without consent, they can confirm the note’s authenticity, such as verifying issue dates or identifying alterations.
Should an employee be immediately confronted if a fake note is suspected?
No, it is better to handle this carefully. First, gather evidence and then arrange a private, respectful discussion with the employee to give them a chance to explain before taking further action.
What are the potential risks of mishandling suspicions about a fake sick note?
Accusing an employee without sufficient evidence can severely damage your working relationship. Poor handling can lead to grievances, claims of unfair treatment, or even constructive dismissal.
Is it possible to take disciplinary action for a fake sick note?
Yes, if there is clear evidence that a sick note is fake or fraudulent, it can be treated as misconduct and may result in disciplinary action, up to and including dismissal. Employers must follow their disciplinary procedures fairly.
What if the doctor’s note is real, but the illness seems exaggerated?
Employers should focus on managing sickness absence fairly. Regular check-ins, return-to-work interviews, and referrals to occupational health can help assess ongoing concerns while also supporting the employee’s well-being.
Author
Anne Morris
Founder and Managing Director Anne Morris is a fully qualified solicitor and a trusted advisor to businesses ranging from large corporations to SMEs. She provides strategic immigration and global mobility advice to support employers with UK operations in meeting their workforce needs through corporate immigration strategies.
Recognized as a legal expert by both Legal 500 and Chambers, Anne delivers Board-level advice on business migration and compliance risk management. She also spearheads the firm’s development of new client services and ensures the delivery of cost and time-efficient application processing.
Anne is a frequent public speaker, a respected commentator on immigration issues, and a contributor to immigration policy discussions. She regularly conducts training sessions for employers and HR professionals on relevant topics.
