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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46792
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Just got \ new job but have had bad problems with

Resolved Question:

Hello....just got \ new job but have had bad problems with Occupational Health clearance.....they have failed to meet appointments, failed to communicate and failed to respond. Some 5 weeks have passed and still haven't had an OH assessment....this is now making me think about withdrawing from my career progression
Submitted: 9 months ago.
Category: Employment Law
Expert:  Ben Jones replied 9 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. What would you like to know about this please?

Customer: replied 9 months ago.
The Occupational Health team are privately contracted. They have failed repeatedly despite my own attempts in asking them to comply in carrying out what is an unexceptional telephone assessment. They have now delayed my acceptance by 5 weeks and have even lied about their responses they have also failed to meet booked appointment times consistently t which I have responded in pointing this out. The point is that I was due to start in September this year, but due to this companies inadequacy my job is now withheld. I also work for the same organisation in a similar/same clinical role as the new job I have acquired in the same organisation. How can I be unfit for the new job having declared an old injury, if I now work in a similar job full time currently?? And what is the lawful amount of time a person should have to wait for a private company to get its backside into gear even after numerous prompting from myself which I shouldn't have to do??
Customer: replied 9 months ago.
Hello? I am about to instruct a solicitor.......would like to know what the feeling is promptly. In employment law timeframes are tight.......yes yes....did my Barrister training years ago......don't remember any of this stuff (Middle Temple)
Expert:  Ben Jones replied 9 months ago.

Ok well first of all there is no specified time limit for any of this. You cannot point them to anything which says they must resolve this within X number of days/weeks/months. If they had given you any specific timescales then that is a different matter but without anything specifically promised, then there is certainly nothing specified in law.

I would actually go back to the employer about this and challenge them on their policy to have to use OH to clear you for the job when you are already doing a similar job in the same organisation. It is not like they do not know your position and circumstances – they should have access to all the latest information about you and should be able to make a decision based on this. I know they may have made you a conditional offer based on OH clearance but as this is a service contracted in by them so they should take some responsibility for this unreasonable delay.

Customer: replied 9 months ago.
I think HR holds the key, but even so the lack of provision from the contracted OH equals no provision....which does require remedy....possibly privately. It is of course a nightmare, because no one organisation holds authority over the other (NHS contracts, sub-contracts). Essentially this is affecting me personally and I cannot say that I will take up the new role as positively as I would have done if the matter had been different in resolution.
Customer: replied 9 months ago.
err to the point I may withdraw from the job offer because of the private companies mistakes
Expert:  Ben Jones replied 9 months ago.

If you were to withdraw from the job then you will likely be looking at a negligence claim against the OH company but don't just aim directly at legal action as that should always be seen as a last resort. Also it would be risky - you will have to pay the legal and court fees and prove you have a valid claim so there is a lot of work for you to do with no guarantee of success. of course it is there should you need it...

Customer: replied 9 months ago.
I won't withdraw......but thought about going private and billing the contracted firm.......if they don't pay up do I have a case to take to county court small claims and make them pay.....plus court fees if added by the sitting Judge
Expert:  Ben Jones replied 9 months ago.

no one can guarantee that you will get that money back. You can indeed make a claim and if you are successful you can also claim back the court fees, but not any solicitors fees if you had incurred these

Customer: replied 9 months ago.
It's a bad thing to be held in nimbo like this. I have written a letter of complaint and do want to make them sit up at management level in this private company. We always held the moral 'never make treats you can't carry out in Law'.........what's the best way of a quick jolt ?...personally I'd throw the book.....but of course that's just me being upset over this....any ideas over at least getting an apology and acceptance of mistakes??
Customer: replied 9 months ago.
sorry that should have read...."never make THREATS..." blah blah
Expert:  Ben Jones replied 9 months ago.

I think you are better off trying to resolve this with the employer in terms of why are they requiring such an assessment when you already work for them in a similar capacity and they already have detailed bout you, so this whole process appears somewhat redundant. you cannot force them to accept anything (they are unlikely to for fear of implicating themselves anyway) or force an apology - these are done entirely voluntarily by them

Customer: replied 9 months ago.
OK....your advice is what I had thought out anyway.........will speak to HR and wait for clearance, but a written description of how I was dealt with will be sent after that....perhaps hopefully promoting the need for revision of 'local policy'. My impression is that all of these people just sit in their own corners and bounce issues around randomly in some cases but they don't actually speak to each other....sadly the old days have gone!!
Expert:  Ben Jones replied 9 months ago.

oh absolutely, things have changed dramatically. I certainly do not think that a formal compliant and a description of hat you went through would be a bad idea.

Jut to advise you I will be going offline now as I am in court tomorrow. If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46792
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 9 months ago.
Glad you agree...of course I will oblige ....stand your ground muting!!
Expert:  Ben Jones replied 9 months ago.

Many thanks and all the best

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