There may be some confusion around who the person is offering the job and therfore writing the statement under discussion.
As Anna says Oh neither offers not sets the conditions of offer but if it was HR then yes they can say 'subject to' whatever they want as long as they can justify the criteria. You can refuse people on all sorts of things AS LONG AS you can prove you are not unreasonably discriminating against someone with protected characteristics
Susan Gorton | OH Nurse Manager | Occupational Health Department | Great Ormond Street Hospital NHS Trust | Level 3, Ormond House, 26-27 Boswell St., London WC1N 3JZ |020 7450 9200 Ext 0247 | DD to OHD 020 78138554 | Direct Fax 020 78138355 | Mobile 07833294568
Please be advised that all e-mail communication relevant to assisting in the management of the OH process will be printed and entered into the individual's OH file or copied and added as an electronic note on their electronic OH record. This may therefore be disclosed under the Data Protection Act (1998).
-----Original Message-----
From: [log in to unmask] [mailto:[log in to unmask]] On Behalf Of Anna
Sent: 23 March 2012 13:58
To: [log in to unmask]
Subject: Re: [OCC-HEALTH] Job Offer subject to satisfactory medical
Hi
I would suggest no. As it not OH role to exclude someone from a job. Our role is to be one of the advisors who offer opinion on the adjustments that could be made to enable the individual to do the job to the best of their ability. It is then up to management and HR to decide if the adjustments are able to reasonably be put in place. So the term "medically fit" I would argue does not really suit this and should be changed to "are adjustments needed or not" and "does the EqA apply".
Anna Harrington
Specialist Community Public Health Nurse (Occupational Health) www.harringtonenterprises.co.uk
07816212836
----- Original Message -----
From: "Dawn V" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Friday, March 23, 2012 1:40 PM
Subject: [OCC-HEALTH] Job Offer subject to satisfactory medical
Dear Wise and Wisdom,
I have been given a question which is-
Can you offer a job subject to a being cleared as medical fit. In other
words is that legal?
My view was yes as if a person has some health issue that could be
exacerbated or aggravated by the role the would not be fit....
Over to you all for your view. But some evidence to support your answer
would be ideal pretty please on a Friday afternoon.
Tas all
Dawn
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