Medical consent issue

Spooky_Ghost

My gf is off sick for 6 weeks with an injury and wants to refuse Occ Health permission to write to her consultant about the injury.

OH said if there's no consent then they can only advise the company based on their judgement. My gf is fine with that as OH think she'll be off longer than her current sick note but she is concerned about dismissal.

As far we as understand an employer can only consider dismissal if there's an issue with level of absence or if they feel the employee may be incapable of returning. None of this applies to my gf.

elsien

How long has she worked there for?

Spooky_Ghost

5 years.

Not only does she fear disciplinary action for misleading OH but non-consent may be seen as a breach of sick policy and may result in withdrawal of sick pay as well as disciplinary action.

sangie595

Refusing to cooperate with OH may be considered a disciplinary - and a dismissal- offence. Why would she, if everything is above board refuse to cooperate?

If she refuses to cooperate, then she's screwed! Your opinion as to her position is irrelevant. Her employer may dismiss her. If she has grounds to be off sick, she needs to cooperate.

lulu650

The sickness policy is likely to state that refusal to attend an OH appt could lead to disciplinary action up to and including dismissal. What does it state regarding a consultant's report? She will see the consultant's report and the OH report before it is sent to the employer.

I don't understand why she thinks OH will rush her back to work when OH have already stated that the sickness cert will need to be longer.

Takeaway_Addict

If you refuse then 1) it looks suspicious and 2) the employer makes their judgement based on the info to hand....generally I would expect a higher risk of dismissal

Diamandis

If she doesn't give consent it would make it really difficult for her employer to support her properly. As she's lied to OH about this already she has already potentially risked her position if it comes out.

sangie595

There is no such thing as a white lie. Only a lie...

Spooky_Ghost

There's been a few misunderstandings.

Sangie/Lulu,
No appointment has been requested or refused and as medical consent is required (and can be denied). I'm pretty sure you can't class imposing your legal right to refuse as 'failure to cooperate' and be grounds for dismissal. I'm sure there has to be reasonable concerns such as thinking the employee may not return and a lack of medical testimony leaves them with no option.


Lulu,
Not sure what policy states regarding a consultant's report. She assumed OH loyalties are with the company and to get her back sooner than later. Just like when a company is in dispute with an employee and gets their own doctor to assess.


Takeaway,
Yes they make a judgement based on info to hand but as there's no risk of her not returning to work nor of having too much sick leave then why would you assume a higher level of dismissal?

trailingspouse

Oh what tangled webs we weave
When first we practice to deceive.

If it really was a white lie, she just needs to 'fess up. And stop being so paranoid. OH are there to help her get back to work - I'm assuming that's what she also wants?

sangie595

Spooky_Ghost wrote: »

There's been a few misunderstandings.

Sangie/Lulu,
No appointment has been requested or refused and as medical consent is required (and can be denied). I'm pretty sure you can't class imposing your legal right to refuse as 'failure to cooperate' and be grounds for dismissal. I'm sure there has to be reasonable concerns such as thinking the employee may not return and a lack of medical testimony leaves them with no option.


Lulu,
Not sure what policy states regarding a consultant's report. She assumed OH loyalties are with the company and to get her back sooner than later. Just like when a company is in dispute with an employee and gets their own doctor to assess. It was only in the conversation with my gf that OH said it seems like she'll need longer. They may not have come to that conclusion if she hadn't said a few things.


Takeaway,
Yes they make a judgement based on info to hand but as there's no risk of her not returning to work nor of having too much sick leave then why would you assume a higher level of dismissal?


Diamandis,
Would OH even tell the employer or would they just want to get the facts straight?


Sangie,
Yes a white lie is a lie but it can still be a slight one with no malice intended.

You know what a lie is? There is no ," white ","slight " or accidental. Is it the truth? No? Then it's a lie. You keep thinking what you believe is a fact. Belief is not fact.