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Employee request for Referral to OH

Clare

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

Parents
  • 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.
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  • 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.
Children
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