What are my obligations when I receive a ‘fit note’ stating that one of my employees ‘may be fit for work’

The new fit note or ‘Statement of Fitness for Work’ has introduced a conceptual change on managing employee sickness absence by focusing on the work employees can do rather than what they can’t do.

A doctor will give a ‘may be fit for work’ statement if they think that their patient’s health condition may allow them to work if they get suitable support from their employer. For example, a phased return to work, altered hours, amended duties or workplace adaptations.

If you are unable to make any of the recommended adjustments, you should treat the statement as if your employee remains unfit for work.

However, it is very important to note that your obligations under the Disability Discrimination Act 1995 have not changed and this act makes it unlawful for employers to discriminate against employees who have disabilities.

Therefore, if your employee’s condition is defined as "a physical or mental impairment which has a substantial and long-term adverse effect on his or her ability to carry out normal day-to-day activities", you have a duty to make reasonable adjustments in order to accommodate the needs of an employee with a disability. As a minimum you should be proactive in assessing and making suggestions as what adjustments might be helpful, along with consulting with your employee in order to establish their views. We would also recommend that you obtain, with agreement, a full and proper assessment from a doctor for guidance on the employee's condition and its effects, in order to establish what reasonable adjustments may be made to eliminate any discriminatory effect in the workplace.