Doctor over ruled by OH Assistant ?

motch

Can A Doctors Fit Note be over ruled by an OH Assistant interviewing over the phone?

Im currently off work for two weeks with a bad back. Not Fit for work
box has been ticked by GP

Had an interview on phone a few days after regarding return to work OH Assistants opinion i'm fit for light duties. I feel im not but was told opinion could over rule Doctors Note. and that i would be refusing the request opinion..

Any help views appreciated.

marcarm

I'd be asking where they received their medical degree

sangie595

Unless the doctor has suggested possible adjustments might change that "not fit for work" assessment, then no, the GP cannot be "over-ruled". On the other hand, the employer / OH is perfectly entitled to ask whether you may be fit if duties are amended. It is technically correct that the fit note "could" (not would) be amended if the right circumstances are met, but that would be a decision for your GP to make. To be honest it would probably take so long to arrange all this you'd be back at work anyway!

agrinnall

I've never had a fit note myself but it sounds like the GP has said you are not fit to do usual work but the OH assistant thinks that you may be fit to do some other work. Both could be right, but I think the fit note takes precedence unless you return to the GP to get his view on the OH assessment, and if he agrees he may alter the fit note accordingly. But as sangie says it'll probably take longer than the duration of the fit note to arrange anyway.

piglet25

The OH will be in a mess if there is an injury or the OP is made worse by their suggestion

sangie595

piglet25 wrote: »

The OH will be in a mess if there is an injury or the OP is made worse by their suggestion

No, they won't. Their purpose is advisory. It is up to the employer whether they take it, and if they do, that is their responsibility. Assuming the fit note does not already take reasonable adjustments into account, then the employer would, if they take this advice (and assuming they are given it in the first place) need to get a medical report from the GP. That will take more than the amount of tine the OP is signed off for.

Masomnia

In theory yes your employer can take the word of OH over a GP.

Depends on what 'light duties' means I suppose, and how that compares to your normal role.

piglet25

My GP over rules the OH every time and I work for the Local Authority. In fact, I should be back at work this week from sick leave but because my GP has gone off sick and has not signed me as fit I am not allowed to go in.

polgara

It depends on your OH provider and staff - we have an Occupational Health Physician (OHP). On rare occasions we do have a difference of opinion between the OHP and the individual's GP - as generally the member of staff is in Occupational Sick Pay (OSP) at that point we may have the OHP say that the member of staff is fit for work and if they do not return then they will not be eligible for for OSP

NewShadow

I know this may be a little late, but others may find this useful - Government advice for managers and line managers:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/464398/fit-note-employers-line_managers-sept-2015.pdf

Is the fit note binding on me?
No. The assessment about whether your employee is not fit for work or may be fit for work (and any other advice in the fit note) is classed as advice, and it is for employers to determine whether or not to accept it.
Occasionally, you may believe that your employee is not fit for work when they have been assessed as fit for work by their doctor, or you may think that your employee could do some work when they have been assessed as ‘not fit for work’ by their doctor.
In situations like this you are within your rights to gather other evidence about your employee’s fitness for work from other doctors or healthcare professionals. You can choose to give this
other evidence precedence over the advice in the fit note. Your employee may disagree with you, and you may need to demonstrate to an employment tribunal why the alternative source of evidence was more acceptable to you than the fit note.