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Hi Glenn Your advice to HR is clear, there is no diagnosis and therefore it is necessary to restrict this gentleman's duties as a reasonable adjustment - DDA statement irrelevant as you are implementing reasonable adjustments, which is th ethos of the act anyway. Once HR and line management had your advice they could choose to act on it and support this gentleman in the workplace by implementing reasonable adjustments and awaiting a full diagnosis, treatment advice and clarification from OH or choose to implement a capability review. The appear so far to have supported him, but with all things a point is reached where a decision needs to be made and they appear to have decided that a capability review is warranted. Capability review is not an OH remit and having made the comment that once in possession of all the clinical information it may well be that the gentleman could still fulfil his entire role, you should allow HR and line management to make a decision after that, whilst acknowledging that they are as yet not in possession of full facts concerning the case. If they cannot continue to support this gentleman as they believe it is unreasonable to expect them to continue to do so, then that would be the case they would present should it go to ET. I would recommend that you step back having given all the advice you can at present and perhaps advise your patient to discuss his position with his TU rep. Hope this helps Pete Pete Judge Occupational Health Adviser Cardiff University Heath Park Campus 2nd Floor Cardigan House University Hospital of Wales Cardiff CF14 4XN 02920 748955 >>> Glenn Raybone <[log in to unmask]> 03/06/2008 14:02 >>> Thanks Anne, it does and it doesn't. We've restricted duties, which is primarily driving, but this is a major part of the role, but HR would not like to move things along and are asking about capability. This is my concern as without a diagnosis and therefore possible treatment, they may well be perfectly capable of undertaking their role. Glenn ~~~~~~~~~~~~~~~ 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 OCCUPATIONAL HEALTH JOBS http://OHJobs.drmaze.net OCCUPATIONAL HEALTH NURSING EDUCATION http://www.aohne.org.uk ~~~~~~~~~~~~~~~ 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 OCCUPATIONAL HEALTH JOBS http://OHJobs.drmaze.net OCCUPATIONAL HEALTH NURSING EDUCATION http://www.aohne.org.uk