Can Occupational Health Overrule a GP’s Sick Note?

Can Occupational Health Overrule a GP’s Sick Note?

Can Occupational Health Overrule a GP’s Sick Note?2024-02-21T15:32:02+00:00

In the realm of workplace health, occupational health (OH) and general practitioners (GPs) often emerge as the central figures. While both are concerned with employees’ well-being, their scopes, expertise, and recommendations may differ. To navigate this complex interplay, it’s essential to understand their distinct roles, especially within the framework of UK employment law.

Can Occupational Health Overrule a GP’s Sick Note?

Occupational health and GP sick notes serve different yet overlapping functions:

  • Purpose of a GP’s Sick Note: This document, delivered by a general practitioner, stems from a concise health evaluation, aiming to provide an estimated timeframe for an employee’s recovery or absence due to health-related concerns.
  • The objective of an Occupational Health Assessment: This exhaustive evaluation focuses on an employee’s ability to undertake specific job roles. It considers long-term health, potential workplace adjustments, and the broader context of well-being within the work setting.

The Overrule Debate

While the term “overrule” may imply a hierarchical relationship, the reality is more nuanced:

  • OH doesn’t inherently override a GP’s assessment but supplements it by offering a deeper, work-specific insight. For instance, a GP might advise a hiatus for someone with back issues. In contrast, OH could suggest workplace modifications, such as ergonomic chairs, enabling employees to continue working.

Can Occupational Health Sign You Off Work?

OH primarily functions in an advisory capacity:

  • Its Core Role: OH recommends, but the final decision rests with the employer. Whether suggesting role changes, workplace modifications, or therapeutic interventions, OH aims to harmonise work demands with health requirements.

Case Study: Jane, previously engaged in warehouse work, encountered asthma-related challenges. OH’s recommendation led her to a dust-free environment, transitioning her to an inventory management role.

Can Occupational Health Overrule a GP?

When comparing OH and GPs, it’s pivotal to recognise their distinct focal points:

  • Divergent Focuses: GPs offer broad health guidance, while OH focuses on work-specific health recommendations. These aren’t in opposition but should be synergised for maximum employee benefit.
  • Employer’s Responsibility: In case of conflicting advice, open dialogue among the employee, GP, OH, and employer can pave the way for optimal solutions.

Can Occupational Health Overrule a GP’s Sick Note in the UK?

The UK legal framework adds another layer of complexity:

  • Legal Stance: UK legislation doesn’t position OH above GPs. Yet, the Health and Safety at Work Act mandates employers to maintain safe workplaces, often guided by OH evaluations¹.
  • Adherence to the Equality Act 2010: Ensuring non-discrimination of employees with health concerns or disabilities², OH’s insights often promote inclusivity in line with this act.
  • Employee Rights: Within the UK, employees hold the right to review and, if necessary, challenge OH reports.

Case Study

In a UK tech entity, a repetitive strain injury warranted a GP’s recommendation for a two-month break. Conversely, OH’s assessment suggested ergonomic provisions and periodic respites, enabling an earlier return to work. This instance underscores that OH doesn’t so much “overrule” but offers alternative, work-centric solutions.

Conclusion

Occupational health assessments and GP sick notes are critical pillars in workplace health management, each serving an indispensable role. At their core, these instruments are designed with a singular and noble objective: safeguarding the well-being and health of employees. Far too often, there needs to be more clarity that the guidance provided by occupational health is at odds with the directives of a GP’s sick note. However, this perspective oversimplifies their respective roles.

Occupational health assessments dive deep into the intricacies of the workplace, identifying potential hazards and ensuring that an employee’s health condition aligns with their job responsibilities. Their recommendations are tailor-made, considering not just the individual’s health but also the specific demands and conditions of their role. On the other hand, a GP’s sick note is a broader evaluation, giving a general perspective on an individual’s health status without the nuanced lens of specific job requirements.

Two halves of the puzzle

Rather than viewing these two instruments as being in contention, it’s more productive and accurate to see them as two halves of a comprehensive health puzzle. Each offers insights that, when combined, provide a holistic understanding of an employee’s health in relation to their work.

For employers, the challenge — and responsibility — lies in deftly navigating the guidance from both sources. Employers must understand that the primary goal of occupational health professionals and GPs is the same: the health and safety of the individual. By adopting a balanced approach, employers can ensure they respect the insights and recommendations from both sides. More than just a matter of protocol or procedure, this balance is a testament to an employer’s commitment to prioritising their employees’ health, safety, and fundamental rights.

In an evolving workplace landscape, the synergy between occupational health assessments and GP sick notes will be essential in crafting productive work environments, nurturing and supportive of every employee’s well-being.

Can I challenge an occupational health report if I disagree with it?2023-12-20T13:57:06+00:00

Yes, you can request a review of the report or seek a second opinion from another occupational health professional. Additionally, you can consult with legal advisors if you believe your rights have been violated.

What is the difference between an occupational health assessment and a GP’s sick note?2023-12-20T13:35:49+00:00

A GP’s sick note provides a general timeframe for recovery from a health condition, while an occupational health assessment focuses on an employee’s ability to perform their specific job duties considering both health and workplace factors.

Can occupational health really “overrule” a GP’s sick note?2023-12-20T13:36:56+00:00

No, OH doesn’t directly override a GP’s assessment. Instead, it complements it by offering a work-specific perspective and suggesting adjustments to facilitate the employee’s return to work while considering their health.

Who gets to make the final decision about an employee’s sick leave?2023-12-20T13:37:43+00:00

Ultimately, the employer makes the final decision based on the advice from both the GP and occupational health, alongside legal considerations and the employee’s well-being.

Can an employer force an employee to work even if they have a GP’s sick note?2023-12-20T13:51:17+00:00

No, employers cannot force an employee to work if their health or safety is at risk. However, they can explore alternative arrangements, such as light duties or remote work, based on the OH assessment and GP’s recommendations.

How does UK law apply to occupational health and GP sick notes?2023-12-20T13:55:51+00:00

The Health and Safety at Work Act requires employers to ensure a safe workplace, and the Equality Act 2010 prohibits discrimination against employees with disabilities or health conditions. Both acts influence how employers consider OH and GP recommendations.

Speak to an Occupational Health professional today.

Article fact-checked and approved by Dr. Amun Kalia and Dr Deryk Waller

Go to Top