Occ Health consultations with an advisor not physician

[AliWoo1]

Hi. I had a really positive occ health consultation when I was told repeatedly that, as a disabled teacher, I needed a full time TA and that the advisor would make sure this was in my report. My head had made it clear she wanted to take away this full time support so I was very relieved. When I finally got my report, the wording was very different to what I was expecting. It just said I would benefit from TA support "if economically feasible" and said I had been assured OH could only advise and that it was up to my employer to decide if they were able to follow the advice. None of this had been said during the phone call. I raised a grievance and asked for my report to be compared with the tape of my call. Evasion tactics were used, including telling me HR did not think OH calls were taped. It turned out tapes were deleted after 28 days and, once that time was up, HR finally said they would forward my query to OH. I have managed to secure myself another OH consultation appointment. Googling suggests to me that I am entitled to see my report before it is sent to my employer. I have told HR that I intend to avail myself of this opportunity. They tell me that I am only allowed to see my report before my employer if the consultation is with a physician governed by the GMC. As my consultation will be with an advisor/nurse, governed by the Nursing Midwifery council, I do not have the same entitlement. I am finding it really hard to check whether this is true or not. Can anyone confirm for me or tell me who will be able to give me accurate advice? Thank you.

I cannot answer you question entirely but from recent experience it's true that the occupational health report is just advice, not obligatory, it is HR that ultimately makes the decision over whether to take that advice (NHS)

Thank you. Yes, I am sure once the report is completed, my employer does not have to take the advice (though it is in their interest to do so), but it is the question of whether I can see and check my report before my employer that I cannot find out for sure.

You can ask the see the report but you do not have the right to have it changed to suit what you wish it to say.

This. You can check it for factual inaccuracies. You can’t dictate they change the wording to suit you.

Check out 'access to work' this is a goverment scheme that will potentially help fund a TA for you. They will do their own assessment and there is quite a wait.

Thank you all. I do know that, if you do check it and ask for changes to be made, OH do not have to make the changes. However HR are saying you only have the right to check it if your consultation has been carried out by a doctor. As the school uses nurses, they say I do not have the same entitlement to check it before my employer sees it. I can find nothing by googling to back this up. I also cannot find an organisation that would be able to provide me with this niche advice.

Just in case someone finds themself in the same position as me and google brings them to this thread, I believe the answer is that they need to quote the Access to Medical Reports Act which allows you to see your OH report before your employer (and, I am hoping HR) and ask for any amendments to be made. You need to make the request before the consultation begins and probably let HR or your employer know that you are going to make the request. OH do not have to make any changes you ask for but, if you request, they have to add a note detailing the point that you made. You have 21 days to assess the report and ask for changes and you do not have to give permission for it to be released at the end of that time if you do not want to.