I think this simply demonstrates that a large proportion of small and medium sized businesses still don't have any access to OH. If someone is absent, the business may decide to approach the GP but otherwise they manage on the basis that if the employee is not in work for long enough, regardless of the reason, they will be dismissed so that someone else can take their place. Playing Devil's Advocate for a minute, I would think that for most small businesses running on a tight budget, this would be seen as a reasonable course of action.
Thanks
Lindsey
Lindsey Hall
Independent Occupational Health Adviser
Split Dimension Ltd
07771 596111
Phone/Fax 01454 852715
www.splitdimension.co.uk
follow us on twitter
This electronic transmission is strictly confidential and intended solely for the addressee. If you are not the named addressee or think you may not be the intended recipient you must not use, disclose, distribute, copy, print or rely on the contents of this transmission and should destroy it immediately. If you have received this transmission in error, please notify me as soon as possible.
Please note that Split Dimension does not accept any responsibility for viruses and it is your responsibility to protect your computer systems against any possible viruses contained in this transmission and/or attachments.
Split Dimension Ltd. Registered in England and Wales. No 5725582.
-----Original Message-----
From: [log in to unmask] [mailto:[log in to unmask]] On Behalf Of Mountain, Jane
Sent: 18 April 2011 14:16
To: [log in to unmask]
Subject: Re: [OCC-HEALTH] Legal requirement to refer to an OHP
It is in the employer's best interest if they seek such advice from those whom you have mentioned, but as far as I know there is no legal requirement for them to do so. Any court of law would not look favourably of any employer who had not sought expert advice in the first instance (Gp's are not necessarily the best experts to consult with but they can be very helpful and in any legal dispute any medical evidence would add value rather than none at all
Sorry I cannot quote
OH Law Diana Kloss should be able to give clarity on this fact?
Rgs
Jane
-----Original Message-----
From: [log in to unmask] [mailto:[log in to unmask]] On Behalf Of Jackie Stone
Sent: 18 April 2011 12:52
To: [log in to unmask]
Subject: [OCC-HEALTH] Legal requirement to refer to an OHP
Does anyone know if there is a legal precedent that employees have to be referred to an OHP or GP with OH qualifications before decisions about continued employment can be made by HR? I know that this is not the case but I could do with a referrence to put in the report I'm writing.
Thanks for your help.
Jackie
********************************
Please remove this footer before replying.
OCC-HEALTH ARCHIVES:
http://www.jiscmail.ac.uk/lists/occ-health.html
CONFERENCES AND STUDY DAYS:
http://www.jiscmail.ac.uk/cgi-bin/filearea.cgi?LMGT1=OCC-HEALTH
********************************
Please remove this footer before replying.
OCC-HEALTH ARCHIVES:
http://www.jiscmail.ac.uk/lists/occ-health.html
CONFERENCES AND STUDY DAYS:
http://www.jiscmail.ac.uk/cgi-bin/filearea.cgi?LMGT1=OCC-HEALTH
__________ Information from ESET Smart Security, version of virus signature database 6052 (20110418) __________
The message was checked by ESET Smart Security.
http://www.eset.com
********************************
Please remove this footer before replying.
OCC-HEALTH ARCHIVES:
http://www.jiscmail.ac.uk/lists/occ-health.html
CONFERENCES AND STUDY DAYS:
http://www.jiscmail.ac.uk/cgi-bin/filearea.cgi?LMGT1=OCC-HEALTH
|