Occupational Health Report

[EliseFalmouth]

Hello everybody, does anyone have any experience of an employer requesting an occupational health report? I have had one done but it was deemed insubstantial by my email rep, and he said I shouldn't disclose it to my employer.

I'm not fully sure what a good occupational health report would look like? The report said that endometriosis didn't classify as a disability and that it would not hold up in an employment tribunal regarding discrimination. The report did not recommend any reasonable adjustments (such as compressed hours which I requested to allow for medical appointments and rest) it just stated that my employers had ruled this out due to not being able to find lunch cover (debatable!)

Also, the occupational health provider were sent a whole stack of notes by my employer that I was not privy to, which I don't know if that is correct procedure. I was not asked to provide my own notes. Surely this would hinder an objective assessment?

I am under pressure to disclose the report to my employer but I am scared to. Any advice?

[Endowarrior1807]

I’ve also had an occupational health report.

The assessor said in the report that they aren’t allowed to state whether or not endometriosis is a disability given that disability is a legal term.

They recommended a cap to my hours, flexi hours, disability breaks plus flexibility when it comes to appointments.

So my report disclosed my symptoms and the impact it had on me and then made recommendations

[Lofty1589]

In the past, Occ Health reports I’ve had has stated that my symptoms (then undiagnosed) would be covered under the Equality Act because they were constant and long term. Endo should be classed under this as well since they can’t class it as a disability.

[LivWilliams27 Moderator Endometriosis UK]

Hey EliseFalmouth,

I've pulled the following from a publication by endometriosis UK about employees rights and endometriosis:

"Disability: For the purposes of employment law, a person will be deemed to have a disability if they have a physical or mental impairment, which has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities. Breaking the definition down further:

• ‘Substantial’ = more than minor or trivial

• ‘Long-term’ = has lasted or is likely to effect a person for at least 12 months

• ‘Normal day-today activities’ = things people do on a regular or daily basis like sleeping, eating, walking etc.

A person who meets the above criteria will automatically receive protection from discrimination under the Equality Act.

Endometriosis is a long-term condition that can cause severe pain and intrusive symptoms. The symptoms of endometriosis may cause a woman, or those assigned female at birth, to have an adverse effect on their ability to carry out day-to-day activities.

Your employer will be required to consider whether you may be disabled under the Equality Act when a medical condition, such as endometriosis, has been disclosed to them. "

"Not all occupational health consultants are fully familiar with endometriosis and it is often necessary for the various medical practitioners to work together, with your consent, to collect the appropriate data and make recommendations.

If you have been asked to meet with occupational health, you have three options:

1. You can refuse to consent to a medical appointment. Please bear in mind your employment contract may require you to undergo medical examinations, if this is the case and you do not wish to undergo a medical examination, please seek further advice; Or

2. You can provide consent and agree the report can be sent directly to your employer; Or

3. You can provide your consent but request that you see the report before it is sent to your employer. You can request amendments if you do not agree to the report, but the occupational health specialist is not required to make them. In this scenario, you can either remove your consent for the medical report to be disclosed, or ask for your statement to be attached to the report confirming your position.

At the meeting with the occupational health specialist, it is important that you explain your symptoms in full to ensure that the most appropriate recommendations will be made for you.

If you have intermittent symptoms, it is important you explain to them what a ‘bad day’ looks like for you. "

Here is a link to the full publication:

endometriosis-uk.org/sites/...

Here is another publication from endometriosis uk called "managing your endometriosis at work":

endometriosis-uk.org/sites/...

Here is a link to Citizen advice about disabilities under the Equality Act:

citizensadvice.org.uk/law-a...

I really hope this information can help you, I'm really sorry to hear about your struggles with this at work. Work can be a very difficult place to navigate endometriosis as many people cannot relate to the pain and various other symptoms associated with the disease.

Best wishes, Liv xx

[ocke2030]

Hi try acas.org they can give you employment advice i do wish it was a disability in one sense necause its diliberating and no one understands re tire and re tired pain etc ....

[Lina2]

I have never been asked for an OH report but I would think that you are permitted under GDPR to request any correspondence about you sent to the OH and information held or shared about you.

Maybe put in a GDPR request for copies of any correspondence sent to OH including any attachments/notes relating to you? They’ll have to respond within a month.