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
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.
Donna
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.
On Fri, 13 Apr 2018 at 7:37, Tracy
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
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