Hi Janet,

Thanks, and yes we are following that train of advice – we just need to try to persuade the unions that this should be the case, and that referral to a physician is not always necessary (obviously we would if required)

Kind regards,

Cathy

Cathy Howells BSc(Hons), RSCPHN(OH), RN

Regional Nurse Manager & National Clinical Support

Cathy Howells | Regional Nurse Manager
Team Prevent UK | First Floor Steadings Barn, Pury Hill Business Park, Nr Alderton, Northants NN12 7LS
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From: [log in to unmask] [mailto:[log in to unmask]] On Behalf Of Janet Patterson
Sent: 16 January 2015 10:59
To: [log in to unmask]
Subject: Re: [OCC-HEALTH] Fit Note: OH v GP policy wording

At a legal update the legal opinion regarding conflicting opinion was that it is up to the employer to determine which source of advice was the most credible in such circumstances as occupational fitness – capability to do the job. If you are qualified OHN and can justify your reasons for making a decision on fitness that would hold up in a court of law that is acceptable.

It may be best to seek company legal opinion if need local verification.

Im sure there will be many opinions on this but I would go with legal advise.

Regards

Janet Patterson

Director – OHN Services

Black and Banton

Tel: 0191 487 10 40

From: [log in to unmask] [mailto:[log in to unmask]] On Behalf Of Cathy Howells
Sent: 16 January 2015 10:16
To: [log in to unmask]
Subject: [OCC-HEALTH] Fit Note: OH v GP policy wording

Hi all,

We currently have a situation where the employer and union are at logger heads regarding the wording of a policy.

The issue relates to what happens when the OH nurse recommends that someone is fit to return to work, but their fit note still has a period of time left.

The employer is on the side of OH, in that they know that they have to weigh up the advice given and choose whose advice they will follow, and they do tend to go with the OH advice.

However the unions are insisting that, if the OHA advice conflicts with the GP advice, then this decision should be reviewed by the OH Physician and revised in conjunction with the GP/specialist for the final say.

I have been asked if I can look at how this is worded in others policies – mainly those of NHS trusts.

So if anyone is willing to share excerpts from their Employer policies on this issue, I would be very grateful!