Occupational health referral letter
Explains to the employee why you are referring them to occupational health, what you will ask, and asks for their consent.
You need medical advice to make a decision fairly: how long an absence is likely to last, what adjustments would help, whether they are fit for their role or an alternative. Referral needs the employee's consent, and they are entitled to see the questions you ask.
Before it goes
- You have an occupational health provider, or a GP report route under the Access to Medical Reports Act 1988.
- You know the questions you want answered. Vague referrals get vague reports.
The letter
Filling it in
- The questions
- Ask what you need to decide. Return date, adjustments, whether the Equality Act is likely to apply, fitness for specific duties. Not the diagnosis.
- Consent
- Freely given. The last paragraph is honest about the consequence of refusing without being a threat.
What the law says
- Access to Medical Reports Act 1988: consent is required before approaching the employee's own doctor, and the employee may ask to see the report before it is sent to you.
- UK GDPR Art.9 and Data Protection Act 2018 Sch.1: health information is special category data; process it only for the stated purpose and keep it secure.
- Equality Act 2010 ss.6, 15 and 20: a long-term condition may be a disability; treating someone unfavourably because of something arising from it must be justified, and reasonable adjustments must be considered.
What turns this letter into a claim
- Do not refer without telling them what you have asked. They are entitled to see it, and hiding it poisons the process.
- Do not decide before the report arrives. The referral is to inform the decision, not to paper over one already made.
Questions people ask
Can the employee refuse an occupational health referral?
Yes. You cannot force a medical examination. If they refuse, you can make decisions on the information available, having told them so, and a tribunal will generally accept that if the refusal was unreasonable. Most people consent when the questions are shared and fair.
Occupational health or the employee's GP?
Occupational health understands work and answers the work questions; a GP knows the patient and usually answers narrower questions. For anything beyond a simple return date, OH. Many providers do a telephone assessment for a modest fee.
The letter, with the names already in
Employ AI drafts letters like this one from the employee's record, so the dates, service and pay are already right, and the disciplinary module writes the invitation and outcome letters from the case itself. All 44 letter families, 49 UK policies, GPS clock-in, rotas, leave and timesheets: £2.50 a month plus £1 per employee. 14 days free, no card.
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