Have just resigned and my boss then refers me to Occupational Health - do I have to comply?

[deepest]

I have just resigned today due to extreme work stress and exhaustion which has significantly impacted both my health and day to day work efficiency.

This was due to issues of work overload and harrassment which despite repeated flagging to my line manager were not addressed over many months and still remain unresolved.

I am not interested in persuing a grievance - I dont have the mental or physical capacity to take this on. However after I sent my letter saying I was resigning my boss called me at the end of today (I am off sick today) to say that due to the content of my letter she is referring me to occupational health.

What does this mean? Do I have to go -as I am perfectly happy seeing my own GP? Or is this just a late in the day arse covering exercise to protect herself and demonstrate that she "provided appropriate support" and the company fulfilled "its duty of care" as my stress is now documented in black and white?

Had you flagged the stress and impact itself or just the work overload ? Presumably you are paid during long term sick leave or should work your notice in which case they should offer reasonable adjustments to accommodate your needs to enable you to do so.

There would usually be a period of notice needed between handing in your resignation and terminating your employment.

Is that the case with you?

In which case you are still employed and so your employer can request occupational health. You should ask for the referral to be put in writing and note in the interview that the referral was made after your notice was given, not before.

Yes I am on 3 months notice...and I had repeatedly flagged that both the work overload and harrassment were causing me extreme stress and asked my boss to address both.

On 3 occassions over the past 8 weeks I was embarassingly tearful and distressed after reporting additional harrassment episodes to my boss.

In the end she suggested I take time off to "recharge" - so I took 2 weeks annual leave at short notice. I returned last week but nothing has been resolved and I feel mentally and physically even worse so I have taken today off sick and resigned by email.

I plan to see my GP again tomorrow - this will be the 4th visit in 6 weeks - I have already been put on ADs and offered counselling. I did not want to be off sick for stress - just due to stigma/pride - but it looks like I will need to do this as I am not fit enough to work. My head feels like spaghetti.

Would I have to go to OH if I am am signed off for the rest of this week - or only on my return to the office? I really dont feel up to it and it is a long commute to my office in central London.

Hi if you have 3 months before you resign then I guess then have the rig to refer you. However many OH appointments take several weeks before they materialise, and you could always contact the OH and say the date is not convenient and that may delay it longer?

If you have a union worth asking them for advice.

Or ask your hr dept for a copy of their managing sickness and resignation policies, if you have the energy?

ACAS may also be able to advise you of your obligations to comply with a referral.

Why would you want to meet with your employers OH ? You have resigned you don't want to go. Like the above poster says check with ACAS but I would be very surprised if you had to.

On the whole in Law an Employer can't 'make' you do anything. They can stop you doing things in their office or indeed entering their office but they can't make you do anything and this is embodied in the rule of law. You are a free person and not a slave.

This will be an arse covering situation and a simple ' no thank you' will do.

She can refer you all she likes but I can't imagine you would have to go.

Thanks - I will look for support from acas