Hi Jackie
My understanding is that there is no legal requirement and the employer may
feel there is enough evidence based on performance, workplace risk
assessments and what is considered reasonable for their business to dismiss.
Case law appears to favour the decision of OHP's and I have attached some
examples which I use in training sometimes to demonstrate the point that
interpretation of medical reports (from GP, Specialist) without objective
consideration of workplace risk can lead to challenges.
Regards
Karen
-----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
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