What happens if there is conflicting advice from a GP & occupational health professional? i.e. OH advises us the employee is fit to work and the GP advises against the fitness; what should a company do?Posted in : First Tuesday Q&A NI on 2 July 2013
Where an employer obtains more than one medical opinion and the two opinions conflict, a reasonable employer would usually take steps to resolve this conflict by obtaining a third report or by seeking further clarification.
However, there may be cases where an employer is entitled to prefer the opinion of one expert over another, although it should be able to show that it acted reasonably in doing so. The employer only has to show that it acted within the range of reasonable responses when preferring the evidence of one expert over another. For example, in the 2011 GB EAT case, DB Schenker Rail (UK) v Doolan, the EAT held that the employer had been entitled to prefer the opinion of an
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Back to Q&A's This article is correct at 02/09/2015
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