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Good morning. I work for agencies. I don’t find it difficult If the employee does not consent then they can’t have a report on the day. I inform the agency and then they sort it out. I have had a couple who have failed to give consent. I can only report that back advising them of the support I offered and information. I gave at the time. Stating that once the consent has been obtained I am more than happy to revisit should it be required. The agencies will then follow it up. Kind Regards Tracy Sent from my iPhone > On 19 Apr 2018, at 08:19, Lindsey Hall <[log in to unmask]> wrote: > > Hi Donna > > Interesting that you said you did this via a recruiting agency. There are some agencies out there that are quasi service providers and they tend to distribute these cases and want X job for Y money. Nothing wrong with that on the face of it until you come up with the sort of case you had where X job is not the simple assessment and report the agency – and employer – thinks it is. It’s a problem with over processed OH where the employer and quasi provider doesn’t understand the problem they are faced with and where a simple assessment and report does not even answer half the questions that should be asked and fails to solve the problem the employer has. Some of the providers fall into this trap also. > > One for the wider OH business to reflect on maybe > > Thanks > > Lindsey > > > From: [log in to unmask] <[log in to unmask]> On Behalf Of Donna Price > Sent: 19 April 2018 08:01 > To: [log in to unmask] > Subject: Re: [OCC-HEALTH] Report if someone declines to consent to GP report > > Hi Jacqui > > Thank you for your advice. > Unfortunately I did this through a recruiting agency. In fairness though I did thoroughly explain why a medical report would help. I think there is underlying issues and he is putting a claim against the company. He had X-rays and nothing was seen (he said), he does not report any referred pain etc and has been off since June last year. He only engaged with a private physio 3 months ago through his solicitor as the nhs physio ‘didn’t get back to him last year’. The exercises he describes I would expect in the acute phase of recovery. My gut feeling is he is trying to protract his absence for a high pay out. I have emailed the company ( via agency) to say I am unable to give a return to work date or prognosis without further medical information. My understanding is that you his will become an HR / management issue. I will certainly be using this as a reflection for revalidation. > > Cheers > > Donna > > Sent from my iPhone > > On 19 Apr 2018, at 07:26, jacqui livock <[log in to unmask]> wrote: > > > Hi Donna > have you spoken or written directly to individual? It may be the solicitor has told him to "sign nothing" or the employer may not have made it clear it is you who is writing to the GP and what your role is. if he declines consent for medical report to you then you could defer your decision on fitness pending further medical information which individual is declining. you cannot say he is fit or unfit without it and it is a reasonable request from you to safeguard his health at work and you can caution him that decisions may have to be made which could be detrimental to his oncoming employment. > I would be tempted to contact employee explain what you want, why you want it maybe include a template for a gp request and suggest he discuss it with his legal bod as in my experience solicitors understand you are trying to help him back to work, (which is obviously good for their client) the consent generally comes in as they realise OH are not part of the claim process and failure to comply with the return to work process may be frowned on if it gets to court and seen as trying to bump up the claim. > > I would include a date for return of consent for GP report with statement that if not received by then you assume withheld consent and notify hr as such. > > Jacqui > > > > Sent from Yahoo Mail on Android > > On Fri, 13 Apr 2018 at 7:37, Tracy > <[log in to unmask]> wrote: > Hi Donna > > You have asked for additional information for you to determine his fitness to work. He has refused Consent for this therefore you can do no more > > The business needs to manage this as he is non complaint. If non compliant with OH the business can make JP their own mind what to do re employment as he has refused their support via OH > > Have you been able to discus the benefits of having further information and the consequences that may be if he doesn’t as you will not be able to offer an evidence based opinion > > This may help you > http://www.crispinrhodes.co.uk/articles/employee-refuses-consent-obtain-medical-report/ > > Sent from my iPhone > > On 13 Apr 2018, at 06:55, Donna Price <[log in to unmask]> wrote: > > I’ve recently done a management referral for a scaffolder who fell backwards on to his back while working on loose rubble. He carried in working for a couple of hours then went to his go following week after the weekend. Had X-ray no boney injury. This was June last year and has been off since. He has got solicitor involved. I’ve asked for dr and go feedback to assess fitness for work but apparently he has refused consent. I am being asked when can they expect him back to work and scaffolding duties. > > Have I missed something? > > Thank you. > > Sent from my iPhone > > > Sent from my iPhone > ******************************** > 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 > ******************************** 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 > > ******************************** 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 > > ******************************** 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 > > ******************************** 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 ******************************** Please remove this footer before replying. 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