My employer has warned me about my level of sickness absence although I have medical certificates. What are the implications?

While many employers will generally accept a medical certificate as confirmation of a genuine illness, the medical certificate itself has no legal standing. So, for example, if your employer suspects you of malingering, or being fraudulently absent, your employer is not obliged to accept a doctor's certificate at face value where there are reasonable grounds for suspecting that the illness is not genuine.  

If your absences are of long duration, or brief but frequent, this might impact on your ability to do your job or your organisation's ability to meet its obligations. This might encourage your employer to want to take further action.

A new system of GP medical statements was introduced in April 2010. The new 'fit note' (rather than sick note) can either indicate that a person is “not fit for work” or that they “may be fit for work taking account of the following advice” and the GP can recommend a phased return to work, altered hours, amended duties or workplace adaptations

For more information, see the TUC advice on fit notes.

The possible implications are that your employer may seek your permission to approach your doctor, or request you see a doctor appointed by your organisation for a report to be prepared on your condition. While you need not consent, if you don’t agree, your employer will be entitled to make a decision about the impact of your health on your ability to do your job, on the basis of the information that it already has.

Once your medical condition has been understood, your organisation will need to consider how it can accommodate it. If your level of absence continues to be high with no improvement and your absences continue to affect organisational performance, eventually your employer might lawfully conclude that dismissal is unavoidable.

Before dismissal becomes an option, you and your employer should discuss ways of minimising the impact on the organisation and whether there are any ways to help you manage your health better. Also, if your illness amounts to a disability, you will be entitled to protection from disability discrimination (now covered by the Equality Act 2010) and your employer will have a duty to make reasonable adjustments to help you do your job. These could include more flexible working arrangements or moving you to a less strenuous post.  

Finally, before dismissing you, your employer must follow a proper disciplinary procedure which allows you the right to be accompanied and to appeal against any decision.