Definition
A referral to an occupational health professional to obtain medical advice on an employee's fitness for work, the impact of their health condition on their role, and any adjustments or support the employer should consider.
UK Context
There is no statutory requirement to have an occupational health service, but employers have duties under the Equality Act 2010 to make reasonable adjustments for disabled employees, and OH advice is the standard way to inform this. The Access to Medical Reports Act 1988 gives employees rights over medical reports from their own doctor. GDPR applies to the processing of OH reports.
Best Practices
- Refer employees to occupational health early in a sickness absence — do not wait until all sick leave is exhausted
- Ask specific, focused questions on the referral form to ensure the OH report addresses the employer's needs
- Obtain the employee's written consent before making the referral and explain the process clearly
- Act on OH recommendations promptly and document the actions taken and the reasons for any recommendations not followed
Frequently Asked Questions
Can an employee refuse an occupational health referral?
An employee can refuse to attend an OH appointment. However, the employer can explain that the referral is in their interest, that it helps the employer make informed decisions, and that without OH advice the employer will have to make decisions based on the available information. Persistent refusal may limit the employer's ability to support the employee.
Who pays for occupational health referrals?
The employer pays for occupational health referrals. This is a business cost, not a cost passed to the employee. Many employers have contracts with OH providers, while others use pay-as-you-go services.
Is the OH report confidential?
The OH report is shared with the employer and the employee. It should contain advice and recommendations relevant to the workplace, not detailed clinical information. The employee has the right to see the report and can request amendments to factual inaccuracies.