{"id":203,"date":"2013-01-31T10:33:42","date_gmt":"2013-01-31T10:33:42","guid":{"rendered":"https:\/\/www.occupationalhealthltd.co.uk\/?p=203"},"modified":"2021-08-24T09:34:52","modified_gmt":"2021-08-24T09:34:52","slug":"disciplinary-meetings","status":"publish","type":"post","link":"https:\/\/www.occupationalhealthltd.co.uk\/blog\/disciplinary-meetings\/","title":{"rendered":"Fitness to attend capability and disciplinary meetings"},"content":{"rendered":"

In December 2012\u00a0The Faculty of Occupational Medicine<\/a>\u00a0of
\nthe Royal College of Physicians issued updated “Ethics Guidance for Occupational Health Practice” (1)<\/p>\n

This provides guidance to occupational health practitioners in matters that are very relevant to employers and employees alike.<\/p>\n

Accordingly, this month’s newsletter looks at the question of fitness to attend meetings with the employer when an employee is off work sick or appears in a state of distress.<\/p>\n

A typical scenario is where an employee feels “wronged” by the employer or is undergoing investigation for possible disciplinary or capability issues. The employee then goes off sick. Most often (in our
\nexperience) the Fit Note will show “anxiety” “Depression” or “work-related stress”. Occasionally a more serious sounding condition will be on the Doctor’s note such as “Acute anxiety reaction”.<\/p>\n

It is quite common in these situations for an employee to refuse direct contact with the employer. It is also usual for a family member or friend to “protect” the employee from any dealings with the employer.<\/p>\n

The reasons for this are often entirely understandable. The individual may feel very unwell and maybe having a strong “flight” reaction. They may feel angry, upset and picked upon. It can be very worrying
\nfor family and friends when someone appears to be so unwell.<\/p>\n

In these circumstances, any contact from the employer can appear like bullying and harassment.<\/p>\n

In addition, from the employer’s perspective, it is likely that by not keeping in contact the employee is acting outside of their expected
\nbehaviours and this can be very frustrating.<\/p>\n

Often a stalemate can result where the employee remains signed off with a progressively worsening condition which makes a return to
\nwork less and less likely. The employer is then left in “limbo” not knowing how to proceed and also with a resourcing problem.<\/p>\n

In such circumstances, we advise that employers act very quickly indeed. It is a known fact that the longer someone remains off work the less likely a full return is possible. It is also likely that the employee’s condition may deteriorate from for example a “reactive” anxiety to a more entrenched mental health condition.<\/p>\n

In the vast majority of cases, the GP is making a responsible decision on behalf of their patient. Until any situation has been dealt with it is very likely a return to work will make the employee’s condition worse.<\/p>\n

It is also important that employers understand that although the person is unwell the solution to the unwellness is unlikely to be
\nany medical treatment. The person may be prescribed medication and therapy to help them deal with their illness BUT until the situation regarding work changes, they are highly unlikely to get better.<\/p>\n

Therefore it is crucial that the employer and employee meet to be able to move matters along. Until they are able to engage nothing is likely to change except a likely worsening of the employee’s condition and
\nincreased frustration on behalf of the employer!<\/p>\n

This brings us to the question of fitness to attend meetings. As the individual has a condition that impacts directly on work the first step should be to seek advice from occupational health.<\/p>\n

In a moment we will look at the referral and process but first it will be helpful to consider what factors the Occupational Health Professionals
\nwill consider when advising on fitness to attend meetings.<\/p>\n

The Guidelines are very clear indeed and state: ” The occupational health professional who is requested to assess whether the worker
\nis fit to attend must ask whether he is capable of understanding the case against him and of replying to the charges, either in person or by instructing a representative. If not, he is unfit, but these cases will be rare. It will often be the case that the worker will find the proceedings distressing, but that delaying the process for a prolonged period will be likely to be more damaging to his health, especially his mental health, than continuing with it.” 2<\/p>\n

At OHC we can only think of a handful of cases where it was not advisable for the employee to attend meetings. In the majority, it was
\nbecause the employee in our opinion was not capable at the time of consenting or understanding the procedure as they were in conditions that impaired their judgement.<\/p>\n

In all others, we have advised that attendance OR continuing without the individual will be better for the individual’s health in the longer term. The Guidance is also explicit that in addition to consideration of the workers’ health they also need to consider the “\u2026. Need of the employer to reach a conclusion in the interest of the organisation and the other workers”.<\/p>\n

The referral to Occupational Health<\/strong><\/p>\n

In the case of a management referral to assess
\nsuitability to attend a meeting it is essential that the employer asks the
\nfollowing:<\/p>\n