What If An Employee Refuses To Go To Occupational Health ?

Employees frequently decline to attend Occupational Health or obtain approval for the employer to write to their primary care physician. They may assume that this is a delaying strategy, and they may be aware that the decision or information presented will be unfavourable, but where does this leave the employer?

In the absence of the employee's agreement in connection to the Access To Medical Reports Act 1988, the employer is trapped and unable to collect information from that physician if you're writing to a GP or consultant who is accountable for the treatment of their patient. Employees may be unaware that even if they do not cooperate, you have the authority to make choices, such as whether or not they are competent in doing the activities you have assigned to them. When you explain to an employee that you will have to make decisions about them in a vacuum because they will not consent, they may alter their mind and agree to your request.

Employers will frequently insert a language in their employment contracts that mandates an employee to cooperate and attend a medic where the company intends for a report to be produced in order to defend themselves. Failure to comply with a reasonable direction in this regard would technically be a disciplinary matter. Unfortunately for the employer, failure to execute this reasonable order is unlikely to result in dismissal rather than other disciplinary action such as a warning.

Even if there had been prior warnings in this regard, an employer must demonstrate that dismissal for failure to cooperate is within the range of reasonable responses, as well as following a fair disciplinary procedure, in order to prevent unfair dismissal allegations. As a result, knowing why the individual refused to cooperate and whether or not that was reasonable would become critical in such a scenario.

It may also be helpful to convey to an employee that if they are concerned about the contents of a report, they can offer limited approval. For example, an employee may be concerned about disclosing information regarding previous diseases that are unrelated to their current condition. In such instances, the employer may agree to limit information to a specific time period or to limit reporting to the extent to which the employee is able to accomplish their work.

Employers, on the other hand, will have to rely on the only available evidence if they refuse to attend occupational health. This means that any "poor" behaviour mitigation we can offer, such as hostility, is not available to you. It also implies that if you cannot determine an employee's safety in a role, you must redeploy or suspend them from those activities.

If the employee continues to refuse, write to them and explain that by refusing to enable you to see the medical evidence that you seek, a decision will be made based on the information that you have, which may end in dismissal.

Check the employment contract to see if there is a clause requiring the employee to provide a medical report upon request. If they do, explain that their refusal is a breach of contract or misbehaviour. You should not try to guess the employee's condition because you are not the medical practitioner dealing with the employee.

This denial may be motivated by personal views or apprehension about disclosing your medical history, among other factors.

Even if you have the right to decline, employers should always strive to encourage employees to attend any recommended health meeting, but keep in mind that a staff member has the freedom to refuse.

Involve your employees in the risk assessment process. Inquire if they have any specific safety precautions they would like you to take. Some employees, for example, may feel comfortable working staggered shifts to avoid crowding onto public transportation during rush hour. Staggered breaks would also liberate communal areas.

Involving employees in risk assessments demonstrates to them that you are listening to their concerns. Not only that, but it allows them greater control over the environment in which they work.

Even on the surface, medical conditions can appear complicated and intimidating to employers. Fears about how they might influence an employee's capacity to work or how much they might cost the company in reasonable modifications that need to be made, thus businesses understandably want to know if new hires have any medical issues ahead of time. Employees with medical issues, on the other hand, may find it difficult to divulge such personal information.