Hi Louise
I guess you would have already explored ways to support the person back to work including possible temporary adjustments, considered DDA, sought medical evidence such as from GP, offered counselling support, mediation etc.
I would assume that the questions the manager has asked you in previous OH referrals with this person would have been about a probable date of fitness to return, DDA, if work is contributing factor in absence (and in what way) and rehabilitation such as phased return to work. If the sickness absence continues, then the manager should probably be asking in their referral the questions:
- will the person ever be able to return to their current role?
- if permanently unfit for their current position, please comment on whether redeployment, if possible, would allow a return to work.
In my experience, it is often helpful to have a discussion with the manager about this sort of case where no progress is being made for more understanding of the situation, the manager perspective and type of adjustments/support that could be available. Having good manager referral forms, manager training re OH and clear policies help so that we are focused on answering the questions that managers have asked us. Of course, it is important to remember that our role is advisory and that decisions are made by the managers. Problem with redeployment recommendations is that it can result in termination of employment if other suitable work not available. This can result in subsequent legal disputes (employment law, health and safety law or DDA) and particular care needs to be taken by the manager.
I also agree with you that we are entitled to stick with our own opinions in our reports although we should ensure we have suitable evidence that we have weighed up when making recomendations.
Regards
Sandra
Date: Mon, 7 Jun 2010 09:04:57 +0100
From: [log in to unmask]
Subject: [OCC-HEALTH]
To: [log in to unmask]
Can anyone help please I have made a decision for redeployment for an employee who is off with work related stress. This was not a decision that was made lightly but all other options have been explored. The manager is not happy with this decision and has asked that all cases like this are discussed with the manager before recommendations are made. I disagree with this I seem to remember reading on jisc mail that the employees have the right to see the report before we send it to managers feel that they are trying to make me change my decision I have recommended that my role is an advisory one and that if they do not agree they could ask for a second medical opinion.
Thanks
Louise
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