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:
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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
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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
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