Fitness for duty
It is very common for an employer to direct an employee to attend an independent medical examination or to otherwise seek further medical information about an employee.
What is an independent medical examination?
In the employment context, an independent medical examination (IME) is a referral to a medical examiner to determine your fitness for work, or to determine what accommodations you require in the employment. See our article bout IMEs here for more information.
Can my employer refer me to a medical examination?
A direction to attend a medical examination should only really occur where there are reasonable grounds to do so, and the referral is on reasonable terms.
Many employees are understandably upset that their fitness for work is called into question. Such a referral raises several legal issues, such as:
- whether the direction is ‘lawful and reasonable’
- whether the terms of the direction infringe upon the employee’s right to privacy
- whether a defined process has been properly followed.
Can I get sacked for being sick?
If the IME finds that you are unable to fulfil the inherent requirements of your job on a permanent basis, the employer may decide to terminate your employment or redeploy you. However, there are a number of legal protections available for employees in this situation. Please read our article about long-term sick employees here.
How can we help?
If you have been referred to a medical examination, you may benefit from legal advice because your employer may be preparing to dismiss you from your employment.
We can:
- discuss your situation with you
- check whether procedural requirements have been complied with
- advise you of your rights in relation to ill-health retirement or dismissal
- negotiate directly with your employer.
If you are found to be suffering from a condition, this raises other issues about whether and to what extent your employer should accommodate your condition. Read our discrimination information here.
This article contains information only and is not legal advice. If you require advice or assistance in relation to a medical referral, please click ‘book now’ for a confidential consultation.
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