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Employers Beware Fake Fit Notes- 02/08/2010
Employers should be on the look out for fake fit notes, which are being sold on the internet for as little as £10, warns a leading Midlands’ employment lawyer.
Alasdair Hobbs, Partner in the Employment Department at West Midlands law firm FBC Manby Bowdler LLP, says that the fake notes, printed on NHS-headed paper and showing details of real doctors, could be difficult to spot, particularly as employers are still getting used to the new fit note regime.
“Fit notes which focus on the work that an ill person is able to do, rather than what they are unable to do, were only introduced in April this year, replacing the traditional sick notes, so that many employers, particularly those with a smaller workforce will not yet have seen that many,” explains Mr Hobbs, who is based in FBC Manby Bowdler’s Telford office.
“According to the NHS fraud squad selling fit notes is not illegal, but does become illegal when an employee uses it.
“We are advising employers to ensure that fit notes are genuine where they have any concerns at all. In the first instance they can be compared with previous notes received from the employee’s surgery and a policy of ‘spot-checks’ could be introduced whereby doctors’ surgeries are contacted to verify authenticity.
“In addition to disciplinary action or dismissal from their job, employees tempted to use such notes could also face prosecution for fraud,” concludes Mr Hobbs.
With 38 partners, FBC Manby Bowdler is one of the largest law firms in the West Midlands. The firm has offices in Wolverhampton, Willenhall, Telford, Shrewsbury and Bridgnorth.