Fit Note Request Letter (UK)

A Fit Note Request Letter in the United Kingdom is a legally binding written instrument.

The fit note system in England and Wales is governed by the Social Security (Medical Evidence) Regulations 1976 as amended, and replaced the older 'sick note' system in 2010. The key change introduced by the fit note was the addition of a 'may be fit for work' option, enabling GPs to recommend adjustments that might allow an early return to work rather than simply confirming that the employee is unfit. The fit note may specify one or more of four types of adjustment: a phased return to work, altered hours, amended duties, or workplace adaptations.

A fit note request is required once an employee has been absent for more than seven consecutive days (including weekends and bank holidays). For absences of seven days or fewer, the employee may self-certify their incapacity and the employer cannot require a fit note. The seven-day self-certification period is a statutory entitlement, and insisting on a fit note for shorter absences — or charging the employee for obtaining one — is a breach of the employer's obligations.

The fit note request letter serves several important purposes. It formally notifies the employee that medical evidence is now required, sets out the employer's requirements regarding notification and certification, provides the employee with information about their Statutory Sick Pay (SSP) entitlement, and opens a dialogue about possible adjustments or a return-to-work plan. The letter should be supportive in tone and should not pressure the employee to return to work before they are ready.

The legal framework governing the Fit Note Request Letter (UK) in United Kingdom draws on several key statutes and regulatory bodies. Under the Employment Rights Act 1996, the Employment Tribunal adjudicates workplace disputes. Section 94 of the Employment Rights Act 1996 provides the right not to be unfairly dismissed. The Advisory, Conciliation and Arbitration Service (ACAS) provides early conciliation under Section 18A of the Employment Tribunals Act 1996. The UK GDPR and Data Protection Act 2018 govern personal data handling. HM Revenue and Customs (HMRC) administers PAYE and National Insurance contributions under the Income Tax (Earnings and Pensions) Act 2003. Parties executing a Fit Note Request Letter (UK) in United Kingdom should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Employment Rights Act 1996 sets the foundational requirements.

A fit note request letter is needed whenever an employee in England and Wales has been absent from work due to illness or injury for more than seven consecutive days, including non-working days. At this point, the employer is entitled to request a fit note as medical evidence of the employee's continuing incapacity.

The letter should be sent promptly after the seventh day of absence — ideally on the eighth calendar day — to confirm that the employee is aware of the requirement and has time to arrange an appointment with their GP. In practice, many employers also send a brief note or make a telephone call at the point of absence notification, and then follow up in writing once the self-certification period has expired.

A fit note request letter is particularly important in the following situations: where an employee has a pattern of repeated short-term absences and a new absence has extended beyond seven days; where the employer needs to plan for cover during a longer-term absence; where the nature of the employee's role means that a return to work with adjustments needs to be planned in advance; or where the employer is considering whether the employee might have a disability under the Equality Act 2010 and needs to understand the likely duration and nature of any impairment.

The employer should keep a record of all sickness absences, fit notes received, and return-to-work discussions as part of good practice and to demonstrate compliance with the ACAS guidance on managing sickness absence. This documentation will be essential if any subsequent disciplinary or capability proceedings are taken.

Parties in United Kingdom should prepare a Fit Note Request Letter (UK) proactively rather than waiting for a dispute to arise. Courts interpret agreements based on the written terms rather than oral representations. Under the Employment Rights Act 1996, the Employment Tribunal adjudicates workplace disputes. Section 94 of the Employment Rights Act 1996 provides the right not to be unfairly dismissed. The Advisory, Conciliation and Arbitration Service (ACAS) provides early conciliation under Section 18A of the Employment Tribunals Act 1996. The UK GDPR and Data Protection Act 2018 govern personal data handling. HM Revenue and Customs (HMRC) administers PAYE and National Insurance contributions under the Income Tax (Earnings and Pensions) Act 2003. Where the transaction involves regulated activities, prior approval from the relevant authority may be required before execution.

A fit note request letter should contain several key elements to be effective and legally appropriate.

First, the letter should clearly identify the employee, their job title, department, and the dates of their current absence. A reference to the absence start date and the number of days absent helps to establish that the seven-day self-certification period has expired and that the request is properly timed.

Second, the letter should clearly state what is being requested: a fit note issued by the employee's GP or treating clinician covering the period of absence from the date it expires to the expected date of return (or, if the period of absence is open-ended, for the maximum period the GP is willing to certify). The letter should specify the deadline by which the fit note must be provided.

Third, the letter should include information about the employee's SSP entitlement, including the weekly rate and the number of weeks remaining. Where the employee is entitled to contractual sick pay above SSP, this should also be mentioned.

Fourth, if the fit note records that the employee 'may be fit for work', the letter should invite the employee to discuss any adjustments or a phased return plan. The letter should make clear that the employer will give genuine consideration to any recommendations on the fit note.

Fifth, the letter should include details of the employer's return-to-work process, including any requirement to attend a return-to-work interview on the employee's first day back. Return-to-work interviews are recommended by ACAS and the Health and Safety Executive as good practice for managing sickness absence.

Finally, the letter should maintain a supportive and non-pressurising tone throughout. Employees who feel pressured to return to work before they are fit may have grounds to argue constructive dismissal or breach of implied trust and confidence.

Additional compliance elements for a Fit Note Request Letter (UK) used in United Kingdom include: Under the Employment Rights Act 1996, the Employment Tribunal adjudicates workplace disputes. Section 94 of the Employment Rights Act 1996 provides the right not to be unfairly dismissed. The Advisory, Conciliation and Arbitration Service (ACAS) provides early conciliation under Section 18A of the Employment Tribunals Act 1996. The UK GDPR and Data Protection Act 2018 govern personal data handling. HM Revenue and Customs (HMRC) administers PAYE and National Insurance contributions under the Income Tax (Earnings and Pensions) Act 2003. Forms-legal.com provides this template as a starting point for United Kingdom-compliant documentation.