GP fit note requests for mental health are on the rise, with over 11.2 million issued in England alone last year.
Following a BBC News investigation, it was revealed that 72% of GP respondents confirmed they had never refused a request for a fit note related to mental health. Indeed, Health and Safety England (HSE) reported that mental health now accounts for 52% of all work-related illnesses, meaning it is now more prevalent than physical health.
Although these reports may raise reasonable concerns about how fit notes are issued, a fit note from an employee’s GP remains valid medical evidence, often hard for employers to challenge.
Brian Dow, Chief Executive of Mental Health UK, explained in response to the BBC investigation that “Workplaces have an important role to play in supporting people to stay well and stay in work…. A key part of the solution is equipping and upskilling managers so they can better support people to remain in work when they are experiencing mental ill-health… ensuring workloads are manageable and burnout is prevented.”
What should employers do if an employee is suffering with their mental health?
Employers have a legal and ethical duty of care to protect the mental health of their employees.
ACAS states employers should treat mental ill health with the same care as a physical illness and that the two are equally important. It is important to ensure managers are sufficiently trained to spot signs of poor mental health and how to support an employee who may be struggling.
Employers must do all they reasonably can to support workers’ health, safety and wellbeing. This includes making sure the working environment is safe and carrying out risk assessments.
Under the Equality Act 2010, someone suffering with their mental health could also be considered disabled, if they meet the relevant legal criteria, meaning that employers must ensure they are not subjected to any form of discrimination and the they make reasonable adjustments for them.
Reasonable adjustments should be tailored to an individual and their needs. Fostering open and honest conversations with employees can help put the right support in place and reduce absence levels. It may also be necessary to refer the employee to occupational health in some cases.
What should employers do if an employee is signed off work for mental health reasons?
Employers should treat a fit note for mental health like any other illness related fit note and avoid challenging the GP’s judgment wherever possible; An employer’s role is not to question the medical advice but rather is to offer support to the employee.
Employers should also ensure they follow their sickness absence policy and processes. Acknowledge the fit note, record the absence and initiate a risk assessment where necessary.
During the period of absence, employers should maintain contact with the employee to offer support and explore potential adjustments to facilitate a return to work when appropriate. Agreeing the purpose, type and level of contact with the employee, to ensure it is useful and not overwhelming, is also advisable. This contact may be delegated to a family member or close friend of the employee.
Where available, employers should offer support resources to the employee, such as their Employee Assistance Programme (EAP) or internal mental health first aiders.
For employees returning to work, employers should consider creating a tailored plan to support their return, judge whether reasonable adjustments are required and discuss the employee’s needs with them. It is recommended to conduct a return to work interview with a returning employee so as to ensure the employee is fully supported on their return.
Any reasonable adjustments that are implemented following a return to work should be monitored and reviewed to ensure they remain supportive to the employee.
If you are an employer or employee affected by the above issue and want advice or support in connection with the same, or any employment law or HR issues more generally, please do not hesitate to contact us on 01206 239761.
