An important aspect of an organisation’s absence management programme will be identifying and dealing with suspected fraudulent sickness absence and non-genuine sickness claims (‘pulling sickies’) or exaggerating symptoms or a condition to justify more time off work. For managers and HR, this means being alert to signs of potential issues, such as being given a fake sick note.
A fake sick note is a forged or altered document provided by an employee to justify absence from work. It may be entirely fabricated or an original note that has been altered, for example, by extending the dates. While most sick notes are genuine, fraudulent notes can be used to take unwarranted time off, undermining workplace trust and increasing costs for employers.
Employers must approach any concerns sensitively and fairly, balancing trust and support with vigilance to ensure fairness while protecting business operations. Accusing an employee without evidence can be hugely damaging to relationships and morale, and can lead to claims of unfair treatment or constructive dismissal.
In this guide, we explain what employers should look for in a genuine fit note and pointers on how to spot a fake sick note. We also set out what an employer can expect a standard sick note to include and what steps should be taken to challenge a possible forgery.
What are the sick note rules?
If an employee is genuinely unwell or injured, they will be entitled to take time off work, although they may need to provide a sick note, depending on the length of their absence.
If absent from work for 7 calendar days or less, the employee does not have to provide a sick note, but they can be asked to self-certify on their return to work. This means they must provide a written explanation of their absence, typically by email or by completing a self-certification form. If the employee has been off work sick for more than 7 days in a row, and has taken sick leave, they must provide a sick note.
Now known as a ‘fit note’ or a ‘statement of fitness for work’, the sick note is the document issued by an authorised medical professional (such as a GP, hospital doctor, nurse, occupational therapist, pharmacist or physiotherapist) to certify the patient’s inability to work by reason of either illness or injury. This document can then be used by the employee to claim sick pay if unfit for work and, in cases where the employee is potentially fit for work, ways in which the employer can support their return.
How do sick notes work?
The employee’s sick note will set out the date on which they were clinically assessed, the nature of their condition, when they’re likely to recover or whether they will need to be reassessed to determine their fitness for work. It may also set out ways in which an employee can be supported in their return to work, such as appropriate reasonable adjustments being made by their employer, for example, amended duties, altered hours or workplace adaptations.
When provided with a sick note, this should usually be accepted by the employer at face value. A person can only be given a sick note if their doctor considers their fitness for work is significantly impaired. If considered fit for work, they will not be given a note. This means that if the employee is assessed as unfit for work, they should refrain from work for the stated period of time. The employee does not need to be positively reassessed as fit for work but, equally, they must not be pressured into coming back to work prior to expiry of their sick note.
In cases where an employee is assessed as potentially fit for work, agreement should be reached between the employer and employee as to what adjustments could or should be made to facilitate their return. This could be in line with any suggestions made by the employee’s doctor in the sick note, although the employer may want to ask the employee to undergo a further assessment with an occupational health specialist. If agreement cannot be reached, or the employer is unable to make any suitable adjustments, the employee must be treated as unfit for work.
What to do when you’re given an employee’s sick note
When an employer is given an employee’s sick note, they should follow a structured process to check its authenticity and handle it appropriately. Here are the steps employers should take:
1. Examine the Sick Note Carefully
Review the sick note to ensure it includes all necessary details, such as:
- The date of the clinical assessment.
- The duration of the absence.
- Whether the employee is unfit for work or may be fit for work with adjustments.
- The medical professional’s name, practice address, and signature.
For digital fit notes, ensure the document follows the standard NHS format. Missing sections, inconsistent details, or poor formatting may raise concerns about authenticity.
2. Compare the Information with Reported Absence
Check that the details on the sick note align with the employee’s reported illness, symptoms, and absence dates. Any significant discrepancies may warrant further investigation.
3. Look for Signs of Alteration
Signs of a potentially altered sick note include:
- Handwritten changes without medical practitioner verification.
- Mismatched dates, extended absence periods or blank sections.
- Suspicious signatures, especially on handwritten notes.
4. Contact the Issuing Practice (If Necessary)
If the note raises concerns, employers can contact the issuing GP practice or healthcare provider to confirm its authenticity. While medical professionals cannot disclose confidential details without consent, they can verify whether they issued the sick note and if any alterations have been made since it was signed.
5. Discuss with the Employee
Before taking any formal action, employers should privately meet with the employee to discuss any concerns about the sick note. This ensures the employee has an opportunity to explain the situation. Employers must handle the conversation sensitively and fairly to avoid damaging trust.
6. Document the Process
Maintain clear records of the sick note, any checks made, and discussions held with the employee. Documentation is essential to demonstrate that concerns were handled appropriately and in line with employment policies.
7. Follow Absence Policies Fairly
Regardless of any suspicions, employers must adhere to their sickness absence and disciplinary procedures. Any further action, such as a referral to occupational health or disciplinary investigation, should be carried out carefully and proportionately, such as in cases of long-term sickness absence.
What should a standard sick note usually include?
The sick note is a template form, with various tick boxes and comment boxes. The sick note should include:
- The date the patient was clinically assessed – this indicates when the healthcare professional reviewed the patient.
- The nature of the patient’s condition – a brief description of the health issue affecting their fitness for work.
- A fitness assessment – the note will state whether the patient is:
- Unfit for work or
- Potentially fit for work, subject to adjustments.
- Recommendations for returning to work – if the patient is assessed as potentially fit for work, the note may include suggested adjustments, such as:
- Amended duties,
- Altered working hours,
- Workplace adaptations, or
- A phased return to work.
- The medical professional may also comment on the functional effects of the condition, such as limitations in stamina, mobility, agility, or cognitive abilities.
- The anticipated recovery period – either as a specific time period or an inclusive date range, indicating how long the patient is expected to be unfit for work.
- Reassessment advice – whether a follow-up assessment is needed at the end of the note’s duration.
- The healthcare professional’s details – the medical professional’s name, signature (this may now be digital), issuing practice address, and the date the fit note was issued.
The medical practitioner’s clinical assessment about whether their patient is fit for work is based on the individual’s fitness for work in general and is not job-specific. The medical professional is not expected to have specialist knowledge of different workplaces or occupational health, and does not need to go as far as suggesting possible changes to their patient’s working conditions or job role.
The sick note also doesn’t require the medical practitioner to disclose what information the patient has provided to them, or the manner in which the patient’s health condition has been assessed.
How to spot a fake sick note
Employers can spot a fake sick note by carefully checking for inconsistencies, errors, and irregularities.
Firstly, they should examine the format of the sick note. Genuine fit notes are usually computer-generated and follow the standard NHS template. Employers should look for any errors in the layout, font, or alignment, as these could indicate tampering. Digital fit notes, which are now common, should include clear details such as the issuing GP’s name, practice address, and the date of issue.
The details provided on the note should also be carefully examined. Employers must ensure all required sections are completed, such as the clinical assessment date, advice on fitness for work, and the anticipated recovery period. Errors like spelling mistakes, poor handwriting on handwritten notes, or vague descriptions of the condition can raise concerns, as they are not typical of professional documentation.
The note’s signature should also be checked. Printed fit notes will include the practitioner’s name and registration details, but handwritten notes must include a physical signature in ink. Missing or suspicious signatures can suggest forgery.
Employers should then compare the information in the sick note against the employee’s reported symptoms or previous absences. Discrepancies, such as unrealistic recovery times or mismatched dates, may point to dishonesty.
If doubts persist, employers are entitled to contact the issuing GP practice or healthcare provider to confirm whether the note was issued. While medical professionals cannot share details of the employee’s condition without consent, they can verify whether a fit note is genuine.
Can a fake sick note be challenged?
If an employer suspects an employee has provided a fake sick note, they can challenge its authenticity, but this must be done carefully to avoid damaging trust or risking legal repercussions.
Accusing an employee without sufficient evidence can harm the employer-employee relationship. If allegations turn out to be unfounded, the employee may feel compelled to resign and claim constructive dismissal for breach of trust and confidence. Employers should therefore proceed with caution and avoid making assumptions without clear justification.
Where reasonable evidence exists to support concerns—such as inconsistencies in the note’s details or unusual patterns of absence—employers can take further steps. Before escalating the issue, it is advisable to meet privately with the employee to discuss the matter and allow them to explain.
If doubts remain, employers may contact the issuing professional, or their surgery, pharmacy or hospital, to verify the sick note’s authenticity. While doctors cannot disclose medical information without patient consent, they can confirm whether they issued the note and whether it has been altered, such as changes to dates or content.
Handling such concerns professionally and sensitively is essential to avoid claims of unfair treatment and to maintain a fair workplace culture.
What if no sick note is provided?
If an employee is absent from work for more than 7 days without providing a sick note, the employer may be entitled to withhold any contractual sick pay or statutory sick pay (SSP).
The employer should first attempt to make contact with the employee by telephone, in order to establish why no sick note has been provided. If this is not successful, or the employer isn’t satisfied with the employee’s explanation, they should contact the employee in writing, setting out the sickness reporting requirements under any workplace absence policy or as required by law. The employer is entitled to request reasonable information to determine if an employee is entitled to SSP, or to contractual sick pay under any occupational sick pay scheme.
The employee should also be warned that any unauthorised absence from work, as a result of their failure to provide a sick note, could result in disciplinary action.
Need assistance?
DavidsonMorris’ HR consultants support employers with all aspects of workforce management, employee entitlements and employer statutory obligations. Working closely with our team of employment lawyers, we provide comprehensive guidance on fit notes, sickness absence and dealing with the return to work. For help and advice on a specific issue, speak to our experts.
Fake sick note FAQs
Can an employer question the authenticity of a sick note?
Employers can challenge a sick note if they have reasonable grounds to suspect it is fake or has been altered. However, this must be handled sensitively and fairly to avoid damaging trust or risking legal claims.
What should employers look for when questioning a sick note?
Employers should look for inconsistencies, such as missing information, incorrect formatting, unrealistic recovery periods, or dates that don’t align with the employee’s reported absence. Handwritten notes and vague descriptions may also warrant further checks.
How can an employer verify a sick note?
Employers can contact the issuing GP practice or healthcare provider to confirm whether a sick note was issued. Doctors cannot share medical details without consent, but they can verify the note’s authenticity, such as confirming its serial number or identifying alterations.
Should an employee be confronted immediately about a suspected fake note?
It is best to approach the matter carefully. Employers should first gather evidence, then arrange a private and respectful discussion with the employee to allow them to explain before taking further steps.
What are the risks of mishandling suspicions of a fake sick note?
Accusing an employee without evidence can damage the employer-employee relationship. If handled poorly, it may lead to grievances, claims of unfair treatment, or even constructive dismissal.
Can disciplinary action be taken over a fake sick note?
If there is clear evidence that a sick note is fake or fraudulent, this can be treated as misconduct and may lead to disciplinary action. Employers must ensure they follow their disciplinary procedure fairly.
What if the note is genuine but the illness is 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 supporting the employee’s wellbeing.
Author
Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.
She is a recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.
Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals
- Anne Morrishttps://www.davidsonmorris.com/author/anne/
- Anne Morrishttps://www.davidsonmorris.com/author/anne/
- Anne Morrishttps://www.davidsonmorris.com/author/anne/
- Anne Morrishttps://www.davidsonmorris.com/author/anne/