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I think it depends more on what the employers policy/pension scheme dictates rather than legalities as such. With the EqA in force know would have thought that it would be prudent to get such an opinion prior to dismissal - however it is the managers right to manage However a member of my family has just had their employment terminated on health grounds without any medical opinion at all (not OHP/OHA/GP), the dismisaal was on the basis that the business couldnt sustain the absence any longer - legal advice sought afterwards seems to be that as their policy didnt demand any such referral then the decision to dismiss was lawful -----Original Message----- From: [log in to unmask] [mailto:[log in to unmask]] On Behalf Of Jackie Stone Sent: 18 April 2011 12:52 To: [log in to unmask] Subject: [OCC-HEALTH] Legal requirement to refer to an OHP Does anyone know if there is a legal precedent that employees have to be referred to an OHP or GP with OH qualifications before decisions about continued employment can be made by HR? I know that this is not the case but I could do with a referrence to put in the report I'm writing. Thanks for your help. Jackie ******************************** 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 This email was received from the INTERNET and scanned by the Government Secure Intranet anti-virus service supplied by Cable&Wireless Worldwide in partnership with MessageLabs. (CCTM Certificate Number 2009/09/0052.) In case of problems, please call your organisation's IT Helpdesk. Communications via the GSi may be automatically logged, monitored and/or recorded for legal purposes. The original of this email was scanned for viruses by the Government Secure Intranet virus scanning service supplied by Cable&Wireless Worldwide in partnership with MessageLabs. (CCTM Certificate Number 2009/09/0052.) On leaving the GSi this email was certified virus free. Communications via the GSi may be automatically logged, monitored and/or recorded for legal purposes. ******************************** 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