Employers who suspect staff of deliberate absenteeism should not be afraid to challenge sick notes given by doctors, a City solicitor said this week.

Emma Burrows, head of employment at Trowers & Hamlins, said: ‘Sick notes are not necessarily gospel. They should be used as a form of guidance to help employers determine whether an employee is really unfit to work, rather than being seen as the final word. So if an employer feels that an employee’s absenteeism is getting out of hand, they are certainly not obliged to just accept it.’


Research earlier this year by Norwich Union Healthcare suggested that doctors receive 22 million requests for sick notes every year, of which up to nine million are believed to be suspicious. It also found that almost three million British workers say they would consider asking their GP for a bogus sick note.


Burrows: cost to businessMs Burrows said this is an area where doctors could benefit from more training, adding: ‘We have seen instances where GPs have admitted that they have issued sick- notes on demand, simply to avoid confrontation with a patient. We have also heard about cases where employees have obtained fake sick notes on the black market.

‘Even though the majority of doctors issue sick notes in good faith, there may well be times when they give patients the benefit of the doubt too easily, particularly if the complaint is stress or depression. This costs businesses dear.’


At the same time, she warned employers to be sensitive and judge each case on its merits. ‘Taking too heavy-handed or broad-brush an approach could prove disastrous for employee relations… But where absenteeism is putting a strain on productivity, profitability or morale among other members of staff, the ability to challenge sick notes could be a key weapon in their armoury to combat it.’ Ms Burrows advised firms to include in employment contracts the right to request that employees see another doctor or occupational health physician for a second opinion, to conduct return-to-work interviews – to dissuade them from ‘pulling sickies’ – and consider limiting sick pay to statutory levels.


She also said employers must be sure of the facts before challenging a sick note, particularly if no second medical opinion has been sought. The employer would need to have sufficient evidence to show that the individual was, in fact, fit for work. They also need to bear in mind that there may be circumstances that prevent the employee from working, but not necessarily from other activities such as playing sport, shopping or going on holiday.