employee sick notes

Can Occupational Health Override a GP Fit Note? A Practical Guide for Employers

Employers can often feel powerless when presented with a GP fit note (previously known as a sick note). Your workforce is depleted, productivity is suffering, and it can feel like there’s very little you can do. But there are steps you can take.

In this guide, we’ll explore how occupational health (OH) interacts with GP fit notes and how you, as an employer, can use both effectively to manage sickness absence.

What is occupational health?

Occupational health is a specialist area of medicine focused on the relationship between work and health. OH professionals assess whether an employee is fit for their specific role and provide practical, work-focused advice directly to employers.

Unlike general medical advice, OH assessments are tailored to the demands of the job — whether that’s an office role with high cognitive demands or a physically demanding position in construction or manufacturing. This makes OH advice particularly valuable for employers when making decisions about reasonable adjustments, return-to-work plans, or capability.

What are fit notes?

A fit note is a statement issued by a GP or other healthcare professional that provides evidence of an employee’s condition and any recommended adjustments.

Key points for employers:

  • Fit notes are not legally binding.
  • They are not required for Statutory Sick Pay (SSP), but you can reasonably request one for absences longer than 7 days.
  • Fit notes offer general advice and are not always tailored to the specific demands of the employee’s job.

Occupational Health vs GP Fit Notes: What’s the Difference?

Both GP fit notes and occupational health assessments deal with fitness for work, but they serve different purposes:

  • GP Fit Notes are broader and based on the patient’s overall health.
  • Occupational Health provides role-specific, workplace-focused recommendations.

This distinction is important. While neither automatically “overrules” the other, you as the employer have the right to seek a second opinion from occupational health and use that professional advice when managing the absence.

Can You Use Occupational Health to Challenge or Override a Fit Note?

Yes — to an extent.

Neither a GP fit note nor an OH report carries more legal weight than the other. The final decision on how to manage the absence rests with you, the employer.

Obtaining an OH referral allows you to get expert, independent advice tailored to your business and the employee’s specific role. This can help you:

  • Better understand the medical situation
  • Identify reasonable adjustments
  • Make more informed decisions about capability, return-to-work, or even dismissal where appropriate

Make sure your policy outlines when you will refer employees to occupational health and how fit notes will be handled.

Keep in touch with the absent employee and document all communications.

Don’t wait too long. An early OH referral often leads to better outcomes and gives you stronger evidence if further action is needed.

 

Use the combined information from the fit note and OH report to explore adjustments before considering capability proceedings.

Particularly for complex or long-term cases.

Need Expert Support?

Looking for specialist employment law advice for employers? The team at Employment Law Services has extensive experience supporting UK businesses with complex sickness absence, capability, and occupational health matters. We can help you take the right steps — whatever the length or cause of the absence.

Contact us today.