Refusal to consent to an Occupational Health Referral - General - HR in Schools and Academies

3 Refusal to consent to an Occupational Health Referral

9 Oct, 2017 15:11

Good Afternoon,

I'm hoping for some pointers on how to proceed in relation to a member of staff who is refusing to sign an occupational health referral.

The member of staff broke a bone in their back last October, and was off for 3 months. Upon return, we discussed an occ health referral, but the doctor was providing physio, so we didn't proceed at that time (silly us!). We are now a year on, and the member of staff has poor mobility and colleagues have raised concerns about this lack of mobility impacting her ability to do some aspects of the job. Her role is a Nursery Practitioner and she has had no more periods of absence. We asked to carry out an occ health referral but she has said she will not consent. Our staff handbook, which she has signed to accept, includes a section stating we can carry out a referral if we feel it is necessary.

I had planned to write to her (her line manager has held face to face conversations initially) to explain the background and why we are seeking a referral now, as well as our desire to explore any possible adjustments. I will also mention the staff handbook clause.

Does this sound like the right course of action? If the refusal continues, what would be our next course of action?

Any advice would be much appreciated.

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Keith | 0 Posts

9 Oct, 2017 15:17

If she refuses you make a decision (on future employment, tasks etc) based on the evidence you have available. You make it clear to her you will do this. Generally it is in the employees interest to have this done - but they are often scared/fearful of what it will show. But little point pushing and pushing against a closed door.

Unless the handbook is very clear I wouldn't go down the breach of contract route.
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Ray | 0 Posts

9 Oct, 2017 15:27

If there is clear evidence that there are parts of the job that the person is not doing, or is having difficulty doing, and you have a belief that the medical situation may be the cause, then you are entirely right to insist on an OH assessment. That is also part of your duty of care. You need to investigate the reasons for the failure to perform the job satisfactorily.
By asking for an OH view you are trying to establish the relevant facts and if necessary take corrective action, including redesign of job content (if possible). This is clearly in the interests of the employee, and you need to get the clear message across that you want to take corrective action and can only act upon available information. Underline that if you do not receive an OH view, and she refuses to have an assessment you will still take action - but on the basis of the information that you have.
If on the other hand colleagues are "raising concerns" but there is no actual evidence that the person is not undertaking these duties, or is not having difficulty undertaking them, then ask yourself if it would be reasonable to insist on the OH assessment...

PS crossed with Keith's post.
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Robey | 0 Posts

9 Oct, 2017 15:45

Quite agree with Ray and Keith, but I'd add that, once an employee has seen an OH, the actual report can't be released without their agreement.

So the employee should be encouraged (even directed) to see the OHP. If they have concerns about the content of the report, they have an opportunity to discuss this with the OHP before the final report is released to the employer - or to withhold permission for the report to be released at all.

I know of a few cases where an employee objected to certain comments made by an OHP when they saw the initial report. Following discussion, those were amended and then released to us. Obviously, I have no idea what was changed, but the reports were still very useful to have and it gave the employee confidence that the OHP wasn't some kind of quisling for the employer.
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