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Points to remember when considering OH Assessments
The reason HR need OH Assessments is because we aren’t medically qualified—remember HR Professionals offering any sort of medical opinion is a risk which is one of the reasons we need to rely upon OH Assessments
Case Examples ‘x has been off work too long and should be be back at work’, ‘x is faking work related stress and should be back in the office’, x has a fit note for 2 months but when y had the same condition it was only 4 weeks’). we have to take it into consideration. Failure to carry out reasonble adjustments for a disability can be a successful claim under the Equality Act 2010.
Recent Case Examples – Adjustments judged as reasonable by tribunals in specific cases includes requests for home working, flexible working, to work downstairs, to have a car parking space, to be reminded of upcoming meetings and to reduce sales targets.
The Definition of Disabliity may not be what you think, a disability under the Equality Act 2010 is condition which is ‘substantial’ and ‘long term’. This usually means having an adverse affect on day to day activities and capable of lasting longer than 12 months Recent Case Examples – disability protection being awarded to dyslexia, stress, addiction, ADHD, asthma, diabetis, colour blindness, respiratory issues, obseity, arthris, chronic pain, back ache, menopause and depression. Automatic protection is also given to anyone diagnosed with cancer (even if in remission), HIV, MS, and will, more often than not be given to anyone with visual or hearing impairments.
The most misunderstood point about OH Assessements is that a negative report ie one that shows there is unlikely to be a protected disability is still a valuable report. If an company wants to move forward with a capability, a performance, disciplinary or dismissal then an OH assessment which shows no disability protects the organisation by preventing future claims or allegations of disability (especially where an employee is under 2 years of service)
