Hi Glenn
Your advice to HR is clear, there is no diagnosis and therefore it is necessary to restrict this
gentleman's duties as a reasonable adjustment - DDA statement irrelevant as you are implementing
reasonable adjustments, which is th ethos of the act anyway.
Once HR and line management had your advice they could choose to act on it and support this
gentleman in the workplace by implementing reasonable adjustments and awaiting a full diagnosis,
treatment advice and clarification from OH or choose to implement a capability review. The appear so
far to have supported him, but with all things a point is reached where a decision needs to be made
and they appear to have decided that a capability review is warranted.
Capability review is not an OH remit and having made the comment that once in possession of all the
clinical information it may well be that the gentleman could still fulfil his entire role, you
should allow HR and line management to make a decision after that, whilst acknowledging that they
are as yet not in possession of full facts concerning the case. If they cannot continue to support
this gentleman as they believe it is unreasonable to expect them to continue to do so, then that
would be the case they would present should it go to ET.
I would recommend that you step back having given all the advice you can at present and perhaps
advise your patient to discuss his position with his TU rep.
Hope this helps
Pete
Pete Judge
Occupational Health Adviser
Cardiff University
Heath Park Campus
2nd Floor Cardigan House
University Hospital of Wales
Cardiff
CF14 4XN
02920 748955
>>> Glenn Raybone <[log in to unmask]> 03/06/2008 14:02 >>>
Thanks Anne,
it does and it doesn't. We've restricted duties, which is primarily
driving, but this is a major part of the role, but HR would not like to
move things along and are asking about capability. This is my concern as
without a diagnosis and therefore possible treatment, they may well be
perfectly capable of undertaking their role.
Glenn
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