A referral to OH may be suggested by an employer who has concerns about an employee’s health and ability to perform their job as a result of their health. An employee may be referred for assessment where there:

(a)    is concern that they have work-related health problems;

(b)    may be underlying ill-health or disability contributing to job performance issues; or

(c)    is long-term or frequent sickness absence.

The reason for referral to OH must be discussed with and consented to by the employee. The specific reason for referral should then be clearly stated, along with the questions to be answered by the OH practitioner. The employee should be able to see a copy of the form, and ideally should also sign it, giving their consent, before it is sent to arrange the appointment.

If it is not possible for the individual to sign the letter, but they have agreed to the referral, the employer should send a copy of the letter to the employee at the same time as confidentially forwarding it to OH.

After the appointment with OH, a report will prepared by the practitioner. Under GDPR, the employer will need a lawful basis for processing the health data (which amounts to sensitive personal data) within the report. The most common lawful basis under Article 9 of the GDPR is that the employer is exercising its obligations in connection with employment, e.g. managing employment relationship. Generally, the employee should see a copy of the report and the employee may request for particular facts to be changed, but they cannot ask the practitioner to change the opinion that has been given.