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What actions should an employer take if an employee who has…

HiWhat actions should an employer...
HiWhat actions should an employer take if an employee who has been off work sick for the last 4 months refuses to attend an occupational health assessment?There is a clause in the employees contract of employment which states:"The Company reserves the right to ask you at any stage of absence to produce a medical certificate and/or undergo a medical examination".
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Answered in 9 minutes by:
3/27/2018
Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 50,953
Experience: Qualified Employment Solicitor
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What reason, if any, has the employee provided for refusing to attend the assessment? Also, how long has the employee worked for the business?

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Customer reply replied 3 months ago
The employee hasn't provided a particular reason for attending occupational health but has indicated that she will not consent to the occupational health practitioner having access to her medical records. The employee has worked for the company for 12 years.

OK, thank you for your response. Leave it with me for now and I will review the relevant information and laws and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

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Many thanks for your patience. First of all, the employee’s failure to allow you to refer them to OH, after a specific clause exists on this exists in the contract, could amount to a failure to follow a reasonable instruction and be a disciplinary matter. However, it is unlikely you can rely on this alone to take more serious action like dismiss them. So do not try and force them to see OH, as in the end the employee could always argue that it is their legal right to privacy not to be seen by OH.

If you need to make a decision on their absences and medical condition, their failure to attend OH means that you can proceed with the decision making process based on the information you have available to you. Remind them that seeing OH is in their benefit as it will give you a better idea of what you are dealing with and what support you need to provide to the employee to help them in the workplace. However, if you do not have that detailed information, you will have to proceed with what you have, which may result in you making a less favourable decision which will be of no benefit to them.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

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Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can either reply on here with a quick ‘Yes, thanks’, or select 3, 4 or 5 stars on this page. I can still answer follow up questions if needed to clarify anything for you. Many thanks

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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