When you are referred to occupational health by your employer, it can raise many questions about your rights, the purpose of the referral, and how the information will be used. At Stephensons, our experienced employment law solicitors are often approached by individuals seeking clarity on their position in such circumstances. Understanding your occupational health referral employee rights is crucial in ensuring that any such referral is handled lawfully, fairly and in accordance with employment law in the UK.
What is an occupational health referral?
An occupational health referral is a process where an employer asks an independent medical specialist or occupational health professional to assess an employee’s health in relation to their role. These referrals are usually made when an employee has been absent due to illness, is returning to work after a period of sickness, or where there are concerns about their ability to carry out certain duties due to physical or mental health issues.
While employers have a duty of care to safeguard the wellbeing of their staff, employees must also be treated fairly and lawfully throughout the process. The referral should be guided by clear business reasons and not used as a tool to unfairly criticise or push an employee out of the company.
Your right to be informed
One of the key occupational health referral employee rights is the right to be fully informed about the referral. Your employer should tell you the reason for the referral and provide you with details about what the occupational health professional will assess. You should also be told what information will be shared and how the results of the assessment will be used.
Employers should give you advance notice of the referral and ideally provide written notice. You should also be given the opportunity to ask questions and raise any concerns about the referral process. Consent must be obtained before any referral takes place.
Your right to give consent
You cannot be forced to attend an occupational health assessment. Your express consent must be obtained, and you have the right to decline. However, it is worth noting that refusal to attend an assessment without good reason could potentially impact your employer’s ability to support your return to work or manage your absence appropriately. It could also affect any ongoing decisions relating to sick pay, reasonable adjustments or capability procedures.
If you do consent, you may also have the right to see the occupational health report before it is sent to your employer. This is governed by the Access to Medical Reports Act 1988, which gives employees the right to access and request amendments to reports under certain circumstances.
Your right to confidentiality
Confidentiality is a core principle of both employment law and medical ethics. An occupational health report should only contain relevant information pertaining to your health and ability to perform your role. The occupational health professional is not permitted to disclose any information that is irrelevant or goes beyond the scope of the referral.
The information contained in the report should only be shared with relevant individuals within the organisation and only for legitimate business purposes. Employers must comply with data protection laws, including the UK GDPR and Data Protection Act 2018, in handling your medical information.
Your right to fair treatment
Occupational health referrals must not be used as a means to discriminate against employees. If you believe your employer is using the referral process in a way that is discriminatory — for example, targeting you because of a disability, mental health condition or pregnancy — you may have grounds to challenge that referral under the Equality Act 2010.
It is also important that the outcomes of an occupational health report are not interpreted or used unfairly. For instance, if the report recommends certain reasonable adjustments, your employer has a legal obligation under the Equality Act to make those adjustments where it is reasonable to do so. Failure to comply could amount to disability discrimination.
How occupational health reports can impact employment decisions
While occupational health professionals provide advice and recommendations, they do not make decisions on employment matters. The final decisions rest with the employer. However, the contents of the report can influence decisions about return to work plans, adjustments to duties, performance capability, and whether continued absence is sustainable.
It is essential that any decisions based on the report are reasonable, proportionate, and evidence-based. If you believe that a decision was made unfairly or without proper consideration of the report, you may wish to seek legal advice.
What to do if you disagree with the outcome
If you disagree with the contents of the occupational health report or how it has been interpreted by your employer, you have the right to raise your concerns. You may wish to request clarification from the occupational health provider or even seek an independent medical opinion.
In serious cases, such as when the report has led to disciplinary action, dismissal or discrimination, it may be appropriate to lodge a formal grievance or pursue an employment tribunal claim. Legal advice at an early stage is strongly advised in such circumstances.
How Stephensons can help
At Stephensons, our specialist employment law solicitors have extensive experience advising employees on their rights regarding occupational health referrals. Whether you are unsure about giving consent, concerned about the handling of private information, or disputing an employment decision linked to an occupational health report, our team can provide clear, practical and tailored legal advice to protect your rights.
We understand that navigating these issues can be stressful and complex, particularly when dealing with sensitive health matters. Our solicitors can support you in raising concerns, lodging formal grievances, or taking further legal action where necessary.
Speak to our employment experts
If you have concerns about occupational health referral employee rights or need guidance on how best to approach a referral, speak to our team at Stephensons Solicitors LLP today.
Contact Stephensons today by completing our online enquiry form.
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