In today’s workplace, the health and wellbeing of employees is more important than ever. Employers have a legal obligation to safeguard the health of their workforce under the Health and Safety at Work Act 1974, but there is also a growing recognition that early intervention in managing health issues can lead to better outcomes for both employees and the business. One key area where this applies is in occupational health referrals. Early referrals to occupational health professionals can help prevent issues from escalating, reduce absenteeism, and ensure that businesses comply with employment laws and tribunal decisions.

Why Early Referrals Matter

Occupational health (OH) services play a crucial role in helping businesses manage employees’ health and wellbeing, especially when it comes to long-term sickness, injuries, or mental health challenges. However, early referrals to OH can have a significant impact on the outcome of these situations. Here’s why:

1. Prevention of Long-Term Absenteeism When employees experience health issues, the longer the problem persists without intervention, the more likely it is to result in long-term absenteeism. Early referral to occupational health services can help identify the root cause of the issue, offer targeted support, and put in place necessary adjustments or accommodations. This proactive approach can often prevent the need for extended sick leave or even permanent departure from the company.
2. Reduced Risk of Discrimination Claims A delay in addressing employee health issues or failing to provide reasonable adjustments could lead to discrimination claims under the Equality Act 2010. If an employee’s condition falls under the category of a disability, employers have a duty to make reasonable adjustments to their role. Failing to act early may result in claims of discrimination based on the failure to provide these adjustments. Early referral to occupational health ensures that the employer is aware of their legal obligations and can take steps to mitigate risk.
3. Increased Productivity and Employee Morale Providing employees with the necessary support and resources early on can help them return to work quicker and in better health. An employee who feels their health concerns are being taken seriously is more likely to be engaged and productive. This, in turn, boosts morale across the workforce and reduces overall absenteeism.
4. Improved Legal Compliance Occupational health referrals help ensure that employers are fulfilling their duty of care towards their employees. This is crucial in light of employment law and potential tribunal decisions, as failure to make reasonable adjustments or act in a timely manner can lead to costly legal battles.

Tribunal Cases and Employment Law Advice

Several tribunal cases highlight the importance of early referrals to occupational health and compliance with employment law. Here are three key cases that underscore why early intervention is essential:

1. Royal Mail Group Ltd v Jhuti [2019] In this landmark case, the Employment Appeal Tribunal (EAT) ruled that an employee was unfairly dismissed after being subjected to a performance management process without adequate consideration of her mental health condition. The case underlined the importance of considering an employee’s health early in the process and referred to occupational health services to assess the impact of health on performance. This decision highlights the need for early referral to occupational health to ensure employees are treated fairly and appropriately under the law.
2. London Borough of Lambeth v Agoreyo [2017] In this case, the Court of Appeal found that an employee’s dismissal for alleged misconduct was unfair because the employer failed to make reasonable adjustments for her health condition. The tribunal noted that the employer should have made early referrals to occupational health services to properly assess the employee’s fitness for work and explore potential adjustments. This case serves as a reminder to employers to seek early occupational health assessments to avoid claims of unfair dismissal or failure to make reasonable adjustments.
3. Jones v. The Institute of Legal Executives [2006] In this case, the tribunal found that the employer failed to make reasonable adjustments for an employee suffering from depression. The court ruled that the employer should have made an early referral to occupational health to assess the employee’s condition and identify necessary adjustments. This case reinforces the need for employers to act early when they are aware of any health concerns, particularly when mental health is involved.

Key Employment Law Advice for Employers

Employers have a duty to ensure that their employees’ health is managed appropriately in the workplace. Here are some important points to remember regarding early referrals to occupational health:

1. Duty to Make Reasonable Adjustments
   Under the Equality Act 2010, employers must make reasonable adjustments for employees who have a disability or health condition. This includes making changes to the workplace, the way work is done, or providing additional support where necessary. Early referrals to occupational health can help determine what adjustments are needed and whether they are reasonable.
2. Employee Rights to Privacy
   While employers have a right to ask employees about their health, they must also respect their employees’ right to privacy. Occupational health services offer a confidential platform where an employee’s health concerns can be discussed without fear of discrimination. However, employers can request an OH assessment to help them determine the appropriate course of action.
3. Avoiding Discrimination Claims
   If an employee is treated unfairly because of a health condition, they may claim discrimination. An early referral to occupational health can help ensure that the employee is receiving the correct support and that the employer is meeting their obligations to make reasonable adjustments. Employers should also be aware of the importance of providing consistent support and making timely adjustments to avoid any perception of discrimination.

Conclusion

Incorporating early referrals to occupational health services into your workplace processes not only ensures the health and safety of employees but also mitigates legal risks and enhances workplace productivity. By acting early, employers can prevent long-term absenteeism, avoid discrimination claims, and ensure compliance with employment law. Ultimately, early intervention shows employees that their health matters, creating a more supportive and legally compliant work environment for everyone.

If you are an employer seeking guidance on how to integrate occupational health services into your workplace, Smart Clinic is here to help. Our experienced professionals can guide you through the process and ensure you meet your legal obligations while supporting your workforce’s wellbeing.