Hi - based on the limited information you have provided I would suggest that in general - time off work in itself - without any other form of medical intervention / support is not likely to make much difference. It is not clear if he has been tested for any underlying medical conditions and/or if he is due to have any tests or treatment. I would suggest you need to have another conversation with your OH provider and ask some more specific questions. Ensure they have a copy of the job description that clearly highlights the activites expected within the role. I would then ask things like: 1. In your assessment of their current medical condition - what activites as part of their normal role can the operative carry out/not carry out? 2. Would you advise that any medical interventions (via their GP?) would be beneficial to improve/address the operative's condition(s)? 3. What do you see as the prognosis for these conditions - i.e. will they get progressively worse or better and over what timescale? 4. What would you recommend as reasonable adjustments to the role and how should these be best monitored / followed up to ensure they are effective?

Look, I get that we want to help this guy etc but may be it would be a kindness to ease him out the door....... By all means explore the issues again with Occ Health (Read what they said last time - they often get tied up in confidentiality but do give hints about the next set of questions you could ask), talk to union reps if you're unionised, by all means tell him to rest but you really should also discuss either redeploying the guy to something else or talk to HR and get a capability file started to gather all paper work, correspondence etc. If he can't do the work he can't do the work so you lose out several times as others cover for him, you pay him for not producing, and you spend time worrying about something that you need not worry about. If you can prove he can't do the job he's paid for and you've done all you can reasonably do to help then no employement trbunal will find against you. Oh, and yes, I have put these files together and yes I did get them released and it was painful, unpleasant and stressful, but at least one of those guys actually wrote to me afterwards to thank me and to ask for a reference which I was happy to supply, Jim

We've had a couple of similar threads over the last 2 or 3 weeks that might help in your deliberations ctd. Personally, on the info provided, I don't see that you've explored all of the possible causes of the problem in a sufficiently objective and independent way. Frank Hallett

I don't know if I can answer your question as such but the one thing that I have learned over the years is that when writing your referral you need to be very clear about what you want from the Dr, otherwise you are likely to get a 'non committal' response. You need to try and pin them down. I have dealt with a lot of cases not dissimilar to the one you describe and have worked with all sorts people to try and find resolutions, mostly successfully. There have however, been occasions where despite my best efforts I have been unable to find a sensible solution within a reasonable timescale and in those cases employers will need to consider whether they need to consider dismissal on the grounds of medical incapability. You do need to explore all reasonable avenues, and seek advice whether the individual might have a disability as defined under EA. One of the things that is often overlooked is asking the employee how they feel, what they think they can do to improve the situation, what they think you can do, and what they want or expect. You might be surprised at their response, although you may also have to manage their expectations if they are not realistic. If you believe that you have exhausted all reasonable avenues and you have medical advice that a prognosis for a return to their duties is considered unlikely, you have considered redeployment options, options for reduced hours etc etc, then you may well need consider dismissal on the grounds of medical incapability.