When the traditional sick note was replaced by the Fit Note system our insurers took the view that an employee returning should be signed back as fit to work by the medical professional - the argument given was that the Fit Note would carry instruction on adjustments to assist the individuals return to the work environment and in extended cases of absence would prompt return to work meetings so that significant changes could be brought to the attention of the returning employee.

No! The DWP guide for employers provides clear guidance on this. And as an aside, even prior to the new Med3 and the guide, I have never felt the need to do this in all (most) cases. Depending on the circumstances of course you might need some further medical advice or an assessment, but in many cases they can come back when they like. In practical terms the Dr's initial assessment is something of a shot in the dark, some people get better quicker than the Dr thinks they might, and some longer.

No it isn't. If you actually look at the DWP advice you will see for yourself. But to save you the trouble of doing so Is the advice on the Statement binding? No. This is about giving you greater flexibility and better information to manage sickness absence. It’s your choice after discussing the Statement with your employee, how to act on the doctor’s advice. When considering the doctors advice, you should always consider if the advice is consistent with any industry or sector specific safety guidelines or regulations that the doctor may not be aware of. If the doctor has advised that your employee ‘may be fit for work’, and you cannot make the adaptations or adjustments to help a return to work, you should explain the reasons for this to your employee and then use the Statement as if the doctor had advised ‘not fit for work’. Your employee does not need to go back to their doctor for a new Statement to confirm this. Can I request a Medical Statement advising that my employee is ‘fit for work’? Unlike the sick note, the Statement of Fitness for Work does not include the option for doctors to advise someone that they are fully fit for work. You do not need to be fully fit to return to work and it is a myth that an employee needs to be ‘signed back’ to work by a doctor. In some cases, there are existing procedures to ensure someone is fit to carry out their role safely and these should be followed – for example with the DVLA rules for LGV/PCV drivers. If you feel you need a medical opinion stating that your employee is fit for work you can enter into a private arrangement with a GP or occupational health specialist. What should I do if an employee wants to return to work before the end of a ‘not fit for work’ Statement? Sometimes your employee will be able to return to work before the end of a Statement period where a doctor has advised that they are not fit for work. This may be because the employee has recovered faster than the doctor expected, or the doctor did not know of ways in which you could support your employee to return to work. If you agree with your employee that it is appropriate for them to return to work, you do not need to wait until the end of the Statement period for them to do so

Rich - that has been a typical, risk adverse response from many insurers and one to which I have never really subscribed My neighbour is a GP and has said that Med3 has ALWAYS been advice and that there has never been anything stopping employees from returning to work before a 'sick note' expires. The DWP fit note guidance also addresses this issue Will I still be covered by my Employers’ Liability Compulsory Insurance (ELCI)? Your liability insurance should not prevent employees who 'may be fit for work’, return to or remain in work. Also, you do not need a Medical Statement stating fitness for work for an employee to return to work. An employee does not necessarily need to be 100% fit to return to work. However, you will need to continue to manage your employees appropriately and carry out a risk assessment – based on the evidence from the doctor, your knowledge of the work and workplace and further support where necessary. If you have any concerns about the coverage of your insurance, you should contact your insurer.

This document https://www.gov.uk/gover...ne-managers-guidance.pdf describes the legal issues surrounding fit notes. It makes it clear that an employee can return to work before the fit notes expires and that this does not invalidate the Employer’s Liability insurance. It places the onus on the employer to establish if it is appropriate for the employee to return based on the work that they are expected to do.

If it is an eye injury then yes, I personally would want a doctor note for their fitness to drive a company vehicle, and yes I would retrive the company vehile until such a time as he is fit. The famous 'what if' he didnt see a cyclist, knocked them down, and they were stone dead, where would that leave you insurance wise apart from everything else.

Of course we could endlessly debate countless 'what it's'. The original question has been answered; quite comprehensively. There is no such 'legal' requirement and as it happens there is no mechanism within the current Med3 to 'sign someone fit'. I would suggest that one of the desired outcomes of the review and revision of the Med3 was to try and avoid such nonsense, provide greater flexibility to both employers and employees and to free up some GP time which otherwise might be better spent. Of course there will be occasions where further medical advice IS required, but overall it shouldn't be beyond the wit of most employers (us) to use their 'noddle' and make a judgement along with the individual employee in the majority of cases. Surely this sort of thing is 'bread and butter' for most of us and I would have thought that most of us make far bigger judgement calls than this as part of the 'day job'. Or am I in a minority?