Can my employer ask occupational health if I should be terminated.

[Joanne2525]

I have recently been suffering with work related and family related stress. I’m a registered nurse and have worked throughput covid on the front line. I had been off sick for two weeks when my employer referred me to occupational health. My manager asked occupational health whether I should be terminated. Is she allowed to ask this.

Have they asked for a capability assessment? From my experience (retail sector) that’s usual after a period of long term absence, usually around 12 weeks or so or after repeated short term absences.
Id have been surprised to see a capability assessment requested after only two weeks.

They can ask what they like but OH is not going to give them advice on an HR decision like that. We have a lot of staff try to use the occ health process in a similar way - we discuss and agree the questions with them and they will want, for instance, OH to tell us we must give them a home working contract. Every time the answer comes back "that's a business decision".

I would strongly object to the question even being asked - if you are in the middle of a formal process it's a clear indicator of a forgone conclusion isn't it, which makes the process fundamentally unfair.

If you're NHS I imagine that like all public sector organisations the attendance management process is designed to support people to return and work, and dismissing people is a last resort.

How long have you been off with, and are you a union member?

Woah, after 2 weeks absence unless there is a huge backstory no they should ask this.

if someone has been absent for a long time you ask questions such as when are they likely to be able to regularly work at the required level.

Is there a form where this is automatically included among possible recommendations? But asking re termination directly sounds wrong - could be a "Is this person able to continue in this role (with adjustments / fewer hours etc).

If they have referred you to occ health, that's meant to be about supporting you to work, so if they've spontaneously asked about terminating I'd be on to my union or I'd give ACAS a call if you're not in the union.

Can they ask that? Yes. Can they dismiss you with only two weeks absence - unless there is a massive backstory you aren't sharing, then they would have to go through their processes before doing so.

You say you are a nurse - is this NHS or something else? And how long have you worked for them?

There are suggested questions such as one mentioned by a PP such as 'would this person be able to contibue in the role' included in the form and i've always been advised to tick it by HR. I can see why at such a shit time for you this would feel personal but its probably not. And its reasonable to ask, so they can see if there's an alternative, but i do understand it doesnt feel good for you seeing it.
Plus, from experience its nearly impossible for OH to be able to say with certainty 'no they cant continue', its amazing the solutions out there that can enable you to work.

Yes. I wouldn't terminate anyone without a view from OH, assuming it was on capability grounds.

OH won't tell them to terminate you or not, but may be able to provide more info on whether you are capable to continue doing your job.

I'd be very surprised if this was triggered after just two weeks though!

When I saw OH my line manager told me that they always had to ask "have you considered early retirement" as part of their process with my institution. It obviously wouldn't have applied - pregnancy related issues. But they asked. So this could be a form issue. Have you talked to your line manager about it?

Early retirement = settlement agreement & pay off . A lot easier than dismissing for poor attendance.