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Re: Opinion wanted - Specialist referral without examination. on 12/3/04 8:28 pm, Lindsey Hall at [log in to unmask] wrote:

I think my first thought would be that this is not an occupational health problem and that some sort of mediation or arbitration would be appropriate if the protagonists on both sides are agreeable.  ACAS perhaps.  I think that would be my last thought aswell, otherwise you run the risk of getting horribly drawn in with both sides trying to play you off against the other.  You are right to say NO or else impartiality and respect is likely to go out the window.  The best of British.

Lindsey Hall
National OH Manager
Environment Agency
----- Original Message -----
From: david mills <mailto:[log in to unmask]>  
To: [log in to unmask]
Sent: Friday, March 12, 2004 7:20 PM
Subject: Opinion wanted - Specialist referral without examination.

Hi All
Just wondered what the group's view on this problem would be:

Industrial dispute ongoing in large organisation and many staff currently working to rule.
A group of staff refuse to do certain activities they say are not part of their duties.
Management tell them you are not doing your duties and we are going to send you home without pay as a disciplinary measure.
The group of employees then say we are stressed and we are going off sick (which they do). They then produce sick lines from their GPs.
HR rings up OH and says they want us to refer these people to Dr X, an occupational psychologist.
We don't know Dr X and HR does not want us to see these people at OH unit, they just want us to do the referral and organise for Dr X to examine these people at the OH unit. We are told we should do this as they pay for us and it is normal procedure.

What would your response be, and why?
(as you can guess we said NO, and they didn't like it).

Will be interested to see the various opinions
Many Thanks

Dr David MJ Mills


Ooooh! .... this sound s like a can of worms to me and I concurr with Lindsey that I would proceed with extreme caution as to me this seems like a management issue into which they are trying to drag OH.

My first thoughts are why do HR not require an OH opinion but are requesting that the OHS  refer on to one  specific occupational  psychologist???? This  is decidedly fishy and I sense that you too feel that  the management of this organisation are trying to manipulate you. I would suggest that you refer back to any policies and procedures which are in place and only agree to refer these people on to this occupational psychologist if you consider there are clear "clinical" reasons for doing so, otherwise you risk becoming a  a tool of management. I would put this back  into their court. If they are determined that they wish to proceed with such a referral against your advice I would suggest that you let them get on with it. I am always mindful of both my impartiality and my  responsibility to remain an impartial advisor.  You may have to reveal your actions in the future at an employment tribunal.

As Lindsey suggests in her response it does sound as though a mediation/arbitration service would be a more appropriate approach.
I find attendance management very interesting and satisfying but I refuse to become embroiled in a management issue. Have you thought of contacting your own professional body for their advice on this? I appreciate that  this is a difficult position in which to be placed and as a nurse I wold be contacting my own professional organisation to discuss my position. (In my case it is the RCN, others may be members of the MDU.)

Best of luck

Anne Harriss

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