Not aware of specific case law (thanks to those of you that are) but I
regularly give advice that differs from that on a Med 3 with relatively
little controversy about it.
A med 3 is advice to the individual not the employer, it is a document t
hat entitles the individual to SSP, however it appears to have morphed
into something resembling a legal instruction for some people. Many GP`s
"sign off" individuals for longer if they are not aware of
restrictions/adjustments etc that are available. If I see someone and
think they can work with restrictions then I give that opinion and also
outline my opinion and why to the GP. Most times they agree and are
happy for OH to get involved. If the individual then decides that they
wont return as per OH opinion and states that they will stay off for
duration of sicknote then it's a management problem, not mine.Employers
have to decide what advice to follow - I think it could be argued that
OH probably have more implicit knowledge of the particular workplace
than the GP, and that therefore that advice may be more valuable to the
employer, but again that's a management call.
The more contentious cases are the "stress" cases that arise out of
issues at work - GP`s have no option but to acxcept what their patient
is saying to them and may well sign off with "stress" or similar. I see
them and maybe have another opinion esp if absence has followed
something like a row with a manager or failure to get promotion. In
these cases I just word my reports very carefully, stating that
resolution may be best achieved by management, rather than clinical
intervention and recommemnd some honest dialogue/mediation.
-----Original Message-----
From: [log in to unmask] [mailto:[log in to unmask]] On
Behalf Of Parbery, Clive
Sent: 22 January 2009 09:04
To: [log in to unmask]
Subject: Re: [OCC-HEALTH] sick certificates
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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