SPM50535 - Medical Services - Incapacity for work

Employee not examined

Consider asking Medical Services to obtain a report from the employee’s own doctor and give their view as to whether or not the employee would have been unfit to work in their normal employment if:

• Medical Services were unable to examine the employee, or
• an examination is not appropriate, for example an opinion is about a past period and the employee is no longer unfit for work.

If the employee did not attend for a medical examination, take this into account when considering the employer's original decision on whether the employee is incapable of work or not, if that was the reason for the dispute.

If the employee refuses to give permission for Medical Services to go to the GP for information, ask them why.

If they do not give a good reason for not co-operating with your enquiries, assume that the employee is capable of work.

Explain in the letter that:

• you have supported the employer or assumed that the employee is capable of work as Medical Services could not give an opinion without examining the employee or obtaining a report from the GP, and
• the employee did not attend for their arranged examination.

If the employee subsequently appeals, re-refer the case for further medical advice.

If a second reference to Medical Services is needed, and the employee gives their permission for Medical Services to make their enquiries:

• (This text has been withheld because of exemptions in the Freedom of Information Act 2000)- they do not require another signed statement
• (This text has been withheld because of exemptions in the Freedom of Information Act 2000)
• (This text has been withheld because of exemptions in the Freedom of Information Act 2000).