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Hi Laura Yes they can. In this instance I would advise the employee that of the risks associated with this i.e. that the organisation can if they so wish proceed with the investigation/disciplinary meeting without them present even if they continue to state that they are unfit to attend. I had a case like this where the employee's solicitor advised her first of all only to communicate via OH, and at first she wasn't well enough to attend as she had become so distressed by the situation (even though she had actually done what she was accused of, was subject to a police investigation and was deemed fit to submit to questioning by the police) she was initially unable to speak to me over the phone. Once I had got her to a place where she was communicating, and was in my opinion fit to at least answer written questions, the solicitor then told her to stop speaking to OH! The organisation proceeded in the investigation without her input as a result of this and she was dismissed. I would also advise the manager and HR that the employee has refused permission for you to send a report and as such you can offer no further advice on the matter until such time as they agree to a report being produced. Helen Helen Parsons MSc RN SCPHN Service Manager Department of Occupational Health and Wellbeing Kings College Hospital NHS Foundation Trust Jennie Lee House, Love Walk London SE5 9RS Telephone: 020 3299 7533 Email: [log in to unmask]<mailto:[log in to unmask]> King's College Hospital Occupational Health and Wellbeing Department is fully accredited to the standards for Safe Effective Quality Occupational Health Services. www.seqohs.org<http://www.seqohs.org/> We welcome feedback on our services please click on the link below https://www.surveymonkey.co.uk/r/HP97ZFV From: [log in to unmask] [mailto:[log in to unmask]] On Behalf Of Pearce, Laura Sent: 16 October 2018 16:43 To: [log in to unmask] Subject: [OCC-HEALTH] Fitness to attend disciplinary meetings Hello Jiscers, If a client is referred to OH for assessment of fitness to attend disciplinary meetings and then refuses the OHA to report back to management/HR. What is our situation? Can they do this in this case as it is not medical information that is being disclosed only an opinion.??? Kind regards Laura Pearce Occupational Health Specialist Nurse 01225 713185 [mental-health-email-footer] -------------------------------------------------------------------- This email originates from Wiltshire Council and any files transmitted with it may contain confidential information and may be subject to Copyright or Intellectual Property rights. It is intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the sender and delete the email from your inbox. Any disclosure, reproduction, dissemination, modification and distribution of the contents of the email is strictly prohibited. Email content may be monitored by Wiltshire Council to ensure compliance with its policies and procedures. 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