Top Tip - It’s a good idea to include a clause in employment contracts on medical examinations, this way you can rely on the clause if they are reluctant to engage with your request. 

If an employee refuses to engage with the process, this potentially isn’t in their best interests as you, as the employer, can then only make a decision on the information you have. Also, if you have this as a clause in their contract its potentially a breach of contract.

GP’s medical report

If you are unwilling to engage with an occupational health provider due to cost or another reason you can also write to the employees GP. In order to obtain a report from their GP, you will need obtain written consent where the employees’ rights have been confirmed.

With a GP report typically lead times unknown and you are unlikely to get responses to specific questions that are relevant to their job role.

Occupational health report

Occupational health providers on the other hand are clinicians specialising in occupational health and work.  To refer an employee to an occupational health provider, you only need to obtain express consent from the employee. You can ask the provider specific questions such as, i.e. likelihood and timeline of being able to fulfil their role in the long term, recommended adjustments required to support a return, would the condition be classed a disability for the purposed of the equality act etc. The report is normally shared with the employee first and then this is issued to the employer.

With medical reports you then have a basis to make informed decisions.

If you have more questions about medical reports, or the above seems daunting then reach out on 01905 900080, and I can take that load off you, providing guidance and follow up letters for each stage of the process.