Assessment Is Based on the Specific Role
Incapacity for work is job-specific. A hand injury may render an assembly technician entirely unable to work, whereas an office administrator might remain fully capable of performing their duties. A medical assessment—typically set out in a Statement of Fitness for Work (fit note)—evaluates the employee's fitness to carry out their specific, contracted role, rather than their general capacity to work in alternative employment.
Notification and Proof (Fit Notes & Self-Certification)
Employees must comply with the employer's sickness absence notification procedure, notifying their manager of their incapacity and its anticipated duration as early as possible—ideally prior to the scheduled start of their shift.
Under UK statutory rules:
- Self-Certification (Days 1–7): For sickness absences of up to 7 consecutive calendar days (including weekends and non-working days), employees are entitled to self-certify their absence using an internal company form or HMRC form SC2.
- Medical Evidence / Fit Notes (Day 8 onwards): If the incapacity extends beyond 7 calendar days, the employee must provide official medical evidence, namely a Statement of Fitness for Work (fit note) issued by a qualified healthcare professional (such as a GP, hospital doctor, physiotherapist, occupational therapist, or registered nurse).
- Contractual Requirements: Whilst statutory rules mandate fit notes only after 7 days, employers may specify contractual sickness notification requirements or request medical evidence earlier, provided this is reasonable and complies with contractual terms and ACAS guidance.
Evidentiary Value and Challenging Absence
A medical certificate or fit note carries strong prima facie evidential value. However, an employer may challenge its validity if there are genuine, justifiable grounds for suspicion—for instance, where an absence precisely matches the employee's remaining statutory or contractual notice period following resignation or redundancy. In such cases, employers should conduct a fair and thorough investigation, potentially seeking an independent Occupational Health assessment or medical report (subject to employee consent under the Access to Medical Reports Act 1988), in compliance with the ACAS Code of Practice on disciplinary and grievance procedures.
Recording and Tracking
Sickness absence must be recorded accurately as a dedicated absence category, capturing start and finish dates alongside relevant Bradford Factor or trigger points. Accurate record-keeping is essential for administering Statutory Sick Pay (SSP) and contractual (occupational) sick pay schemes. In particular, tracking enables employers to identify linked periods of incapacity for work (PIWs)—where separate absences of 4 or more consecutive days occurring within 56 days (8 weeks) of each other are linked—ensuring that qualifying waiting days and the maximum 28-week SSP entitlement threshold are calculated correctly.
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