Louise,
As I understand it the Gp's decision still stands (frustrating though it
is). Case I am aware of that confirm this is Hutchinson v Enfield Rolling
Mills (1981). Diana Kloss' book is very good at giving rationals behind
decisions. There may be some cases that I am not aware of and Occ health at
work journal have a section on legal cases.
Ultimately this would fall under a management problem re: capability or
attendance under the respective HR policies.
We have similar problems in NHS and I have had one land on my desk this
morning.
Hope this will help.
Regards
Clive
-----Original Message-----
From: Louise Boston [mailto:[log in to unmask]]
Sent: 22 January 2009 08:04
To: [log in to unmask]
Subject: [OCC-HEALTH] sick certificates
Dear group,
On a wet cold Thursday morning, I was hoping to pick your combined
intellect!
I am currently putting together a piece relating to the OH Advisor giving
advice that contradicts the information given on GP sick certificates (Med
3).
I am specifically thinking of cases where an OHA are identifies that an
individual has the ability to work (with or without adjustments) in
situations
where they have been certificated as unfit by their GP. I wondered if anyone
was aware of any specific case law in this regard?
Thanks in advance for your help as always
Louise
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