How many OH reports before employer accepts OHA opinion?

dori2o

In the past 12 months I have had 4 OH reports done.

The last 3, in July, September and December, my employer has asked specific questions on whether the OHA believes working at, or closer to home would benefit me, help me to better manage my disability and improve my ability to remain in work.

On all 3 reports the OHA has said that in their opinion it would be beneficial even if it was only for part of the week and working in the office the other part.

Each time the employer has come back and sad they cannot allow it for various reasons. The one reoccurring reason for refusing work from home is Data Security.

Last week I asked again about properly investigating the possibility of working from home, or working at an office closer to home 2 days a week.

The employer has said I will have to have another OHA referral, despite the last one being in December 2012, and despite that report clearly indicating again that working closer to or at home would be beneficial.

Is the employer simply stalling and waiting for a different OHA to give an opinion that suits them, i.e. waiting for an oha to say they don't think it would make a difference, or it wouldn't be beneficial.

I'm grateful that I still have a job and for the changes/allowances the employer has made so far, but how many OH referrals should I reasonable be asked to attend, and how many times should an OHA have to give the same opinion.

Savvy_Sue

I'm just wondering if there's been any change over time in what the OH reports are saying?

You could ask the company if they're hoping to get a report more favourable to their position, of course, but if they're paying for these reports they can probably require you to attend the appointments. Are they always with the same OH service? If you had one which said "As I indicated two, 4 and 6 months ago ... " it might concentrate their minds.

dori2o

Savvy_Sue wrote: »

I'm just wondering if there's been any change over time in what the OH reports are saying?

You could ask the company if they're hoping to get a report more favourable to their position, of course, but if they're paying for these reports they can probably require you to attend the appointments. Are they always with the same OH service? If you had one which said "As I indicated two, 4 and 6 months ago ... " it might concentrate their minds.

With regards to the prognosis of my condition, the likelyhood of future sickness absence, and the issue of working at, or closer to home, the last 3 report have been almost identical.

All say the condition is degenerative, all say continued absence is likely, and all say a move to working at home, or an ofice closer to home would have benefits to me, not least because it would mean at least 90 minutes less travel a day,

The reports are always with the same OH provider, ATOS, though not necessarily with the same OHA.

I suppose there is little I can do.

sandrahr

The employer does not have to comply with OH recommendations, however, that would be reasonable adjustment under the Equality Act. If ultimately they terminate your employment you could taken them to an employment tribunal for disability discrimination failing to make a reasonable adjustment.

Takeaway_Addict

sandrahr wrote: »

The employer does not have to comply with OH recommendations, however, that would be reasonable adjustment under the Equality Act. If ultimately they terminate your employment you could taken them to an employment tribunal for disability discrimination failing to make a reasonable adjustment.

Sorry but you cannot possible state its a reasonable adjustment unless you know the OP's employer.

It MAY be a reasonable adjustment for that company (but not to another) and if the employer fails to adhere to this then they MAY be able to be taken to a tribunal successfully