Employment Advice (For Business)

Changes to Self-Certification

The Statutory Sick Pay (Medical Evidence) Regulations 2021 was passed recently with very little fanfare, however the Regulations make a big change to the way that employees report sickness.

21 Dec 2021

Team name
Esther Marshall

Esther Marshall

The Statutory Sick Pay (Medical Evidence) Regulations 2021 was passed recently with very little fanfare, however the Regulations make a big change to the way that employees report sickness. Currently, an employee can only self-certify for 7 days of sickness, and require a Fit Note from their GP for any longer period of sickness. The new Regulations allow self-certification for up to 28 days, for sickness starting on or after 26 January 2022. The 28 days include weekends and bank holidays.

The changes have been brought in to try and relieve the burden on GPs caused by the pandemic and are intended to be temporary. It remains to be seen though when, or even if, the position will revert to require self-certification after 7 days.

M&P Commentary

Esther Marshall, a Senior Associate Solicitor in our Dispute Resolution team, said:

“This change to the self-certification regime may have passed by employers and employees alike as it has not been widely reported. It is important that from 26 January 2022 employers do not require employees to obtain a Fit Note unless and until they have been off sick for 28 consecutive days.”

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