It depends.
If you are sick and off work or are returning to work after sickness, or you need to ask for reasonable adjustments at work, yes, you do.
There is an implied term in every contract of employment to obey a reasonable order of your employer, so even if your contract of employment does not require this and one of the situations above applies, you should attend.
If your employer is using OH as a stick to beat you with, and there is no apparent reason for the referral, this is when you might want to think about the purpose of the referral and why you should cooperate. Maybe time to take some legal advice?
I have seen situations where a poor employer will use an OH referral as a way to scare an employee, for example, not being clear on the purpose of the referral, being evasive about what the referral instructions are and similar. Some lawyers also deploy this tactic when contacted by Claimant lawyers. I think they think it will cause the employee to back off.
Your employer should be able to tell you why they want you to see OH and for what reason. If they cannot or will not, then this may indicate foul play.
Occupational Health professionals owe a duty of confidentiality to their patients in the same way as any other medical practitioner. What you tell OH should only be shared with your employer with your consent. I say to some clients that there can be a real benefit to explaining to OH the health issues you are dealing with, because even if they cannot tell your employer all the details, they can signpost to your employer how best to manage the situation. And put your employer on notice that you may have a disability that gives you the protection of the Equality Act 2010.
It can also be useful to consult with OH if you are seeking to depart from your employment and are in discussions about an exit package. Although I appreciate that it feels like giving too much away to share confidential health information, you can specify how and what is shared, and it might just help you secure a deal for your employer to fully understand the medical position. I have urged many a client to attend an OH referral for this reason.
It’s okay to ask questions when the issue of an OH referral arises. Be clear about what it is for and why the employer wants it. Ask them to share a copy of the referral form or letter with you. If it is all above board, they should have no issue with transparency. If you are unsure about their conduct or motives, contact a lawyer with specialist knowledge of health issues in the workplace.
This blog was written by Anita Vadgama, Parter at didlaw.
