Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
How long have you been off sick for? Please can you also tell me how long you have worked for the company? Thanks
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Many thanks for your patience. To be perfectly honest the law does not directly deal with such a situation, in terms of the is nothing in black and white that says who is eight and who is wrong. What you have here is two medical professionals disagreeing with each other and providing conflicting opinions. Whilst it could be that your doctor is in the right, it could well be that OH are correct instead. That is not for a lawyer to decide though and ideally there should be final opinion given by someone else qualified to decide who they side it and make that the officially binding decision. The problem with that is there could be further costs incurred in getting that and in the end neither party has to accept it.
An important thing to check is whether your contract or any workplace policy says that the employer can use OH opinion as the final binding decision which takes precedence over any other medical advice. If not, then they should tread carefully when deciding to rely on it so much, especially if it is in conflict with other professional advice already given. In the end, only an employment tribunal can decide what is fair and they will consider all of the above factors when making such a decision.
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Hi there, whilst the final decision rests with the employer, if there is professional evidence to contradict that then they would be under greater scrutiny and would need to justify their decision even more so than normal. So this would be best challenged through a formal grievance.