The Government has announced plans to overhaul the current fit note system as part of wider reforms aimed at improving workplace health support and helping more people remain in work.

The proposed changes follow growing criticism that the existing fit note process is no longer effective in supporting employees with health conditions or helping employers manage workplace absence appropriately.

The reforms are expected to have significant implications for employers, HR teams, and managers dealing with sickness absence, capability issues, and employee wellbeing.

What Is A Fit Note?

A fit note, previously known as a sick note, is issued by a healthcare professional when an employee is not fit for work due to illness or injury.

Currently, fit notes can state that an employee is either:

• “Not fit for work”
• “May be fit for work” subject to adjustments

Employers often rely heavily on fit notes when managing sickness absence, return-to-work discussions, and capability procedures.

Why Is The Government Changing The Fit Note System?

The Government has described the current system as “broken”, with concerns that fit notes are too often used to sign employees off work without enough focus on rehabilitation, workplace adjustments, or long-term support.

The reforms form part of the Government’s wider strategy to:

• Reduce long-term economic inactivity
• Support employees with health conditions to remain in work
• Encourage earlier workplace intervention
• Improve collaboration between healthcare providers and employers
• Reduce pressure on the benefits system

There is increasing recognition that work can play an important role in supporting mental health, wellbeing, and recovery where appropriate support is in place.

What Changes Are Being Proposed?

While full details are still developing, the Government has confirmed that the fit note process will be reviewed and modernised.

Potential reforms may include:

Greater Focus On What Employees Can Do

Rather than simply certifying that someone is unfit for work, future fit notes may place greater emphasis on:

• Adjusted duties
• Phased returns
• Flexible working
• Workplace adaptations
• Temporary role modifications

This could encourage more collaborative discussions between employers and employees about returning to work safely.

Increased Employer Involvement

The reforms may also involve more interaction between employers, healthcare professionals, and occupational health services.

This could mean employers are expected to:

• Explore reasonable adjustments more proactively
• Consider alternative duties
• Engage earlier in absence management processes
• Provide clearer evidence where workplace support is available

More Occupational Health Input

The Government has repeatedly highlighted the importance of occupational health support, particularly for employees experiencing long-term sickness absence.

Future reforms may lead to:

• Increased referrals to occupational health
• Greater use of work capability assessments
• Improved guidance for employers on managing health-related absences

What Does This Mean For Employers?

Employers should prepare for a more proactive approach to absence management.

Relying solely on fit notes without further investigation or dialogue may become increasingly risky, particularly where:

• Reasonable adjustments have not been considered
• Mental health issues are involved
• Long-term sickness absence is ongoing
• Disability discrimination risks arise

Employers may need to demonstrate that they have actively explored ways to support employees back into work where possible.

The Importance Of Reasonable Adjustments

The proposed reforms also reinforce the importance of complying with obligations under the Equality Act 2010.

Where an employee’s condition may amount to a disability, employers must carefully consider reasonable adjustments such as:

• Adjusted working hours
• Hybrid or remote working
• Reduced workloads
• Additional support or supervision
• Temporary amendments to duties

Failure to consider adjustments appropriately could expose businesses to disability discrimination claims.

Managing Sickness Absence In 2026 And Beyond

With continued employment law reforms under the Employment Rights Act 2025, employers are facing increasing scrutiny around workplace wellbeing, employee support, and fair treatment.

Businesses should ensure they have:

• Robust sickness absence policies
• Clear return-to-work procedures
• Effective manager training
• Appropriate HR support
• Access to occupational health advice where needed

A proactive and legally compliant approach can help reduce disputes, improve employee retention, and minimise tribunal risk.

How Bhayani Law Can Help

At Bhayani Law, our employment lawyers and HR advisors support employers with all aspects of sickness absence management, including:

• Long-term sickness absence
• Capability procedures
• Reasonable adjustments
• Disability discrimination risks
• Occupational health processes
• Return-to-work management
• Absence policies and documentation

We also provide ongoing outsourced HR support through our Watertight HR & Legal Plans, helping businesses manage employee relations issues compliantly and confidently. Contact us today on 0333 888 1360 or complete our enquiry form.