Sue this is fab thankyou. Dawn
-----Original Message-----
From: [log in to unmask] [mailto:[log in to unmask]] On Behalf Of Susan Gorton
Sent: 28 May 2013 10:27
To: [log in to unmask]
Subject: Re: [OCC-HEALTH] OHN evidence to support they can overrule a Med3
There is a legal precedence on the issue of conflicting advice in courts on OH versus GP/specialist opinion re fitness to work which supports the Oh opinion as one most likely to include specialist knowledge about the work arena for which the employee might have some fitness for.
Have looked and found this briefing which cites a lot of the cases in which the precedents were set but also quite nicely explains what you need to substantiate the OH opinion if you need a level of proof for a court.
Regards
Sue
Susan Gorton | OH Nurse Manager | Occupational Health Department | Great Ormond Street Hospital NHS Foundation Trust | Level 3, Ormond House, 26-27 Boswell St., London WC1N 3JZ |020 7405 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 SUBSCRIBE MRO-FORUM Anonymous
Sent: 24 May 2013 18:17
To: [log in to unmask]
Subject: [OCC-HEALTH] OHN evidence to support they can overrule a Med3
Dear All,
I am having a debate with my husband regarding the ability of OH to over rule a Med3. ie GP states unfit to work and having been assessed a person is deemed fit to work ie with a change or role, adjustments or restrictions etc. However he has asked where is the evidence to support this comment.
I would suggest that guidance from CIPD on managing sickness absence would highlight the role of OH but as I am not at work and its a BH weekend and it will bug me until I can prove I am right can you all give me either links or documents that prove this.
I have explained that as SME ( subject matter experts) we focus on functionality and are responsible for our reports and assessments but cant think of any specific guidance. Can you?
I know some of you have argued this situation and won your argument. What supporting evidence did you give to employees or HR/managers. I normally use evidence from information ie Royal College of Surgeons as a guide to anticipated RTW based on functionality post assessment.
I was explaining that Attendance management policies and procedures are set locally but is their any guidance of setting policies with the role of OH in this. I think CIPD did write something in the last year but not sure.
I know that we advise and its down to HR / manager to decide but what if they ask us to prove we can overrule..what's our stance then...
Also I know that there have been tribunal cases but couldn't quote the case...can you?
Sorry all but you know what its like when something bugs you...
Cheers all....
Dawn
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