Ethics Guidance for Occupational Health Practice 9th Edition - Book - Page 84
4.66. This
involves
consideration
of
whether
the
individual
can
understand, retain and weigh up the relevant information, and communicate
their views. Mental capacity assessments are decision-specific and time-specific
and allow for a more nuanced and person-centred evaluation. If the worker
lacks capacity to engage with the process, they are unfit to participate; however,
such cases are rare.
4.67. If during the assessment a clinical risk is identified, for example suicidal ideation
surrounding such meetings, and where that may be aggravated by an outcome
which is disadvantageous to the individual, appropriate safeguarding measures
should be implemented which may include recommendations to the employer
to that effect.
4.68. The occupational health professional must balance the need to protect the
individual with the employer’s legitimate interest in resolving the matter. It will
often be the case that the worker will find the proceedings distressing, but
delaying the process is likely to be more damaging to their health, especially
their mental health, than continuing. Adjustments may be indicated to support
the worker in proceedings e.g. holding the meeting at a neutral venue,
allow additional time for the meeting to support their anxiety levels.
4.69. Under the ACAS Code of Practice on Disciplinary and Grievance Procedures
2015 (SI 2015/649) the worker has the right to be accompanied at a disciplinary
or grievance meeting by a colleague or trade union official or representative;
provisions relating to this should be referenced within the employer’s relevant
policies.
4.70. The ACAS Guide on Discipline and Grievances at Work (2020) states that where
an employee continues to be unavailable to attend a meeting the employer may
conclude that a decision may need to be made on the evidence available. The
employee should be informed where this is to be the case.
4.71. Employers have a duty to conduct disciplinary procedures in a manner that is
fair, proportionate and mindful of the health and wellbeing of the worker.
Occupational health professionals should ensure that their advice supports fair
and proportionate decision-making, and that referrals are clinically justified.
This includes advising employers when further assessment is unnecessary, and
when proceeding with disciplinary action may pose a risk to the worker’s mental
health.
Page | 83
