Can occupational health get you sacked?

Can occupational health get you sackedCan occupational health get you sacked?

The short answer is that occupational health (OH) is there to provide information to your employer to help them make a decision about how to make your workplace more suitable to your health needs but also, from time to time, on whether to keep a person employed.

It’s not the OH job to get you sacked. It’s their job to assess your fitness to work on one hand, and the fitness of your workplace for your health needs on the other. They report on:

  • The impact of your health condition on your ability to do your job
  • If you’re off on long-term sick leave, when and whether you are likely to be well enough to go back to work
  • How your employer can help avoid future health and absence issues

Is your health affecting your ability to work? If yes, then you might need to know more about occupational health.

This article gives more detail.

What is occupational health (OH)?

Occupational health is a type of medical service that employers use. Your company may have its own OH department or they may use an external ‘fit for work’ service.

How do I know if my employer uses occupational health services?

If you work for a large organisation, ask them about their occupational health policy. You should find details in your employment contract or staff handbook. The policy should explain:

  • When and why you might be referred to OH for an assessment
  • When, where and how the assessment will happen
  • Whether your employer will pay you for the time you spend at the assessment appointment
  • What you’ll need to do, and what your employer will do
  • What the next steps may be

If you work for a small company, they might not have an OH scheme in place. In this case, they will probably get medical advice from your GP or other professionals who are treating you.

You don’t have to agree, but you should normally grant permission for them to do that. The reason is that it enables your employer to give you the support you need, and might help you get back to work quicker – which is definitely what your employer will want, and what you probably want too (when you’re well enough).

What’s the difference between an OH report and a doctor’s report?

Unlike a doctor’s report, an occupational health report is focused on your ability to work, and on how your job might be affecting your health.

When will my employer use occupational health services?

There are various occasions when your employer might call on the support of the OH team.

  • If you’re struggling with your physical or mental health
  • If you’re disabled and they want to make ‘reasonable adjustments’ for you
  • If you’re off work on long-term sick leave, the OH service will provide a medical report to your employer explaining how you’re doing and the chances of you returning to work

Your employer might also depend on occupational health for general advice, perhaps in order to reduce the amount of sickness absence in the organisation, to comply with health & safety regulations, and/or to help monitor and reduce bullying and harassment in the workplace.

What typically happens in an occupational health assessment?

If you’re invited to meet an occupational health adviser, they will ask you about:

  • Your health
  • What treatment you’re having
  • What concerns, if any, you have about returning to work

They might need to get more information from your GP. In this case, they’ll tell you why and ask you to sign a consent form (it would probably be unreasonable for you to refuse this request).

You can ask to see the doctor’s report before it’s sent to the OH adviser, and you can also see the OH report before it’s sent to your employer. After all, it’s your health that is being discussed!

The appointment may be an in-person meeting or a video call. Remember to check whether or not your employer will pay for your time at the appointment.

What happens after the OH report?

Your employer will look at the OH report alongside any medical reports from the doctors who are treating you.

If the advice is conflicting, and even if it isn’t, they should talk to you to decide the best course of action.

Some of the things you can request include:

  • A phased return to work, maybe going back with fewer hours or easier tasks to start with
  • A referral to further support such as physiotherapy or counselling
  • Adjustments in the workplace, such as an ergonomic chair to reduce pain after a back injury
  • More time off until you’re well enough to return

You may be invited to attend further assessments until you’re fit and well enough to return to full duties.

How we help

We are employment lawyers who act for employees who are in dispute with their employer, anywhere in  England, Scotland, Wales and Northern Ireland. The initial call is free. If you have concerns about long-term sick leave and returning to work, give us a call and we’ll advise you what to do.

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Employment Law Solicitors Belfast & Newcastle
Paul Doran Law - The Solicitors For
Employees In Belfast And Newcastle

Employment Law Solicitors Belfast & Newcastle
Paul Doran Law - The Soklicitors For Employees In Belfast And Newcastle

Paul Doran Law are employment law specialists who only act for employees and claimants who find themselves in dispute with their employees. we specialise in assisting employees to ensure that we can obtain the best results for you.

Our solicitors are admitted to the roll in England and Wales and we can act for clients in the Employment Tribunals in Northern Ireland and Scotland.