Fake Sick Certificates. Without Prejudice Communications

Fake Fit Notes:
As you know ‘Fit Notes’ replaced GP ‘Sick Notes’ in April 2010 under which a doctor may give a ‘may be fit for work’ statement if they think that their patient’s health condition could allow them to work if they got suitable support from their employer. GP’s can also give recommendations to enable this to occur.

The feedback I have received so far is that very little has changed; GP’s are still reluctant to make such recommendations in the majority of cases and furthermore the new fit notes apparently look like they could have been produced by anyone with a word processor. This is worrying because Personnel Today report that a website called Doctorsnotestore.com is selling fake fit notes, written on official doctors' notepaper, with an authentic-looking stamp. Faking a GP certificate would of course be fraudulent and could result in dismissal for gross misconduct. You might become suspicious if the GP surgery on the note paper is different to the employee’s normal surgery, but fake certificates could be difficult to spot.

Rewarding Long Term Staff:
I am grateful to Harris & Co accountants (www.harrisandco.uk.com) for informing me that non-cash rewards (free of tax) for long service can be paid. This is up to £50 per years service to a maximum of £1,000 for 20 years service. However there are apparently some complicated rules around this, so you should take advice before attempting to put such a scheme into effect. Though unlikely to be of interest to city bankers, this tax break could be worth looking into if you do have long-serving members of staff.

Without Prejudice’ communications:
Some employers think you can say anything to an employee as long as it you first say the conversation is ‘without prejudice’. That is not strictly speaking the case.

In Woodward v Santander, the EAT has recently held that the 'without prejudice' rule (meaning such communications cannot be referred to in open court) will not apply where there has been 'unambiguous impropriety' and even then only in the very clearest of cases, for example where without prejudice discussions were used to cover up perjury or blackmail.

Nonetheless employers would be wise to only say such things to an employee that they would be willing to justify if it came out in court. For example, if someone is charged with gross misconduct, don’t say ‘take this offer or we’ll sack you’. Do say ‘if you don’t accept this offer, we will pursue a fair disciplinary procedure against you which may result in your dismissal’.