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Employee request for Referral to OH

Clare

| 0 Posts

9 Sep, 2019 10:50

Hi

I have usually encountered employees being unwilling to go to OH...

However I have now got a difficult employee who is currently being performance managed and is now complaining of workplace bullying and work related stress and has asked for an OH referral.  He is still attending for work and the company has suggested he go to his GP to get advice on any health issues.

Does the company have to refer an employee who asks for an OH referral and what are the risks of not referring as it is likely this is part of a game being played?

Any advice would be helpful!

Clare

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  • Keith

    | 0 Posts

    9 Sep, 2019 11:12

    Personally given the circumstances I would be referring them to OH as quickly as possible and asking some pretty direct question. Its unlikely you will get a whole lot of useful stuff from his GP and at some stage you will probably need to use OH anyway. So now rather than later.

    If rather than being difficult he is stressed and is being bullied and you refuse a referral to OH then an ET is likely to look very unfavourably on this.
  • Isabel

    | 0 Posts

    9 Sep, 2019 11:30

    I think any reasonable employer would agree to such a request; you need to know what you are dealing with. The OH assessments are there to provide objective information to help you deal with employee health issues and this employee has indicated that his mental health is being affected by his work.

    The employee may have a disability you are not yet aware of. If they do, and you are refusing to refer them, you risk disability discrimination claims - in particular if this ends up in a dismissal and you failed to make reasonable adjustments.
  • Laura

    | 0 Posts

    9 Sep, 2019 11:42

    I think it would show the company to be being supportive of the employee if you referred them to OH, which would be a definite benefit if the workplace bullying is true.

    Also, how would it look to other employees if this employee started telling everyone that you refused their request to be referred to OH......?