I think it rather depends on what is the intended outcome. If they want a
highly trained employee to return to work for them then it might be better
for them to accept the GPs plan with good grace.
They will have to pay an extra month's salary, but it will at least  enable
them to ensure that he does not return to the same stressful situation.
(is the manager getting some help as well? Sounds as it he needs it)

And the GP might be persuaded(by you) to allow him to return part time for
training / refresher (e.g. ACOP) when his lack of concentration might not be
so critical , and which would lead to the expectation that the deficiencies
in terms of "poor practice" were rectified. Particularly if you assured the
GP you would be available for weekly reviews to make sure all was going
well.

If they wish to terminate the employee' employment because he was not a good
enough worker that is quite a different  matter .
 I believe there is case law ?Ford motor co? to say that the opinion of the
OHP who knows the firm and its work practices  can be given greater weight
than GP/Consultant who doesn't (its in Kloss.) How well does the independent
OHP know the work practices...
Best wishes,
Diane
----- Original Message -----
From: "Dawe, Sarah" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Wednesday, December 04, 2002 4:41 PM
Subject: Advice RE:-conflicting reports


> Dear all, your advice on this matter would be greatly appreciated - this
> mail is a little long but I would appreciate your time and comments
>
> Have an employee (age-middle thirties) who has been absent from work since
> early September 2002 (had been previously fit and well other than a
> musculo-skeletal problem earlier in the year for which he was reviewed by
my
> self in July 2002 and had fully recovered).
>
> This employee went off sick after a rather bad confrontation with his
> manager.  Employee had "several black marks" against his name for poor
work
> practices (job involves visiting customers properties and maintaining Gas
> appliances).  The manager, late on a Friday afternoon, lost his temper
with
> this employee and rather unprofessionally "let rip" at him in the middle
of
> a street outside a customers property.
>
> The outcome - employee went to his GP and went off sick that following
> Monday.  Sick notes have read mild depression and anxiety.
>
> The GP continued to sign this employee of sick -did prescribe two
different
> types of anti depressant therapy, both of which the employee claimed did
not
> suit him and stopped taking - I myself reviewed him and offered him
> counselling via an independent counselling service.  This was initially
> refused, then on advice from his union rep, then accepted.
>
> In late October the employee enjoyed a family holiday away- enjoyed social
> activities and enjoyed the break.  I reviewed after this holiday and
> suggested to him a phased return to work plan, also wrote to the GP for
> advice and advised him of the support we could offer in rehabilitating him
> back to work.  The employee in his own words said he wanted to "hang on
> until after Xmas" then would think about coming back.  GP continued to
write
> 4 week sick notes
>
> I arranged for an independent OH Physician in his area to assess him and a
> report back on 15 Nov 2002 suggested he would be fit in the next few weeks
> to return on a phased reintroduction to the work place and suggested that
a
> suitable rehab programme should commence before the Xmas holidays as he
> considered that a "prolonged absence would be unlikely to be beneficial to
> this employee"
>
> Despite this review (the employee received a copy of the report) he
> continued with his absence, the GP renewing his sick note.
>
> A report has now just been received from the GP advising - the patient
felt
> he was being pressurised into returning to work prematurely, the patient
was
> supported in this view and the GP agreed that the sickness should
continue.
> The GP suggested that the main functional impairment resulting from the
> patients illness relevant to his employment is his difficulty
concentrating,
> the GP stated that he would not expect him to return to work until early
in
> the new year but thought then that he would be able to return to work
> without difficulty he added that he thought that the prognosis would be
> "excellent"
>
> Now obviously management are 'jumping up and down' as they have advise
from
> OH Dr that the employee is now fit to return on rehab plan and GP advise
> saying no -not until after new year ??
>
> Not sure now what else to advise to management - I do feel that there is a
> clear need here to distinguish between management issues and medical
issues.
> Can management insist on Return to work ? perhaps stop sick pay ?? - I
have
> advised that the employee would be well within their right to obtain an
> independent assessment if we did insist on return to work -
> At a loss now on how to move forward, even HR are tearing their hair out!!
>
> Has any one been in similar situation - have been pouring over Diana Kloss
> book all afternoon for inspiration !! PLEASE HELP
>
> Many thanks in anticipation
>
> Sarah