We have a permanent full time employee out on sick leave. The organisation's Occupational Health Doctor's opinion is that this employee will be fit to return to work on a permanent part time 3 day week. Do we have to implement this recommendation even though the job is permanent full time (5 days a week)?Posted in : First Tuesday Q&A NI on 3 April 2012
An employer is not legally obliged, but is usually well advised, to act in accordance with medical recommendations from an occupational health expert unless there is good reason (based on evidence) not to do so. You would therefore be expected to have good reasons to demonstrate why this recommendation could not be implemented.
We would recommend you meet with the employee to discuss the medial opinion before taking any action on its recommendation. This will provide the opportunity to explore whether the recommendation can be accommodated and to hear any suggestions the employee may have to
Already a subscriber?
Click here to login and access the full article.Log in now to read the full article
Don't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.
Help understand the ramifications of each important case from NI, GB and Europe
24/7 access to all the content in the Legal Island Vault for research case law and HR issues
Ensure your organisation’s policies and procedures are fully compliant with NI law
Receive free preliminary advice on workplace issues from the employment team at Worthingtons Solicitors
Back to Q&A's This article is correct at 02/09/2015
The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.