In this situation, if it is crucial that you speak with your employee (e.g. to progress an investigation) and it might be advisable to obtain medical advice from either their GP or Occupational Health for them to comment on the individual’s fitness to attend such a meeting.
Whilst the employee must give their consent to their employer obtaining medical advice from Occupational Health or a medical practitioner, for teachers it is a condition of continuing to receive contractual sick pay under the Burgundy Book that they agree to attend medical examinations requested by their employer whilst off sick.
You should ask whether the employee is well enough to engage in a conversation or meeting with you and if there is anything you can do to facilitate that discussion with the employee. It is going to be very difficult to progress the absence management procedure in the absence of engagement from the employee and seeking expert opinion on their ability to attend is often the best approach.
Limited access modeSorry, you need to be an HR Protect client to access this content.
HR Protect clients receive all the employment law advice they need across the year, delivered by experienced specialist lawyers, at a single fixed price. In addition, being a client gives you access to our templates, flowcharts and guidance notes on this Hub, where you can also return to your favourites, share content with colleagues, and manage your account.
For a full list of benefits, click here, or enquire to talk to one of our lawyers about how it could work for your organisation, and to receive a bespoke quotation.
Already have an account?
Log in below to access this content.