Fitness for Disciplinary Procedures

The courts are clear that fitness for disciplinary/investigative procedures is not defined by the same criteria as fitness for work. We adhere strictly to the criteria published by the Faculty of Occupational Medicine, the Society of Occupational Medicine and the Royal College of General Practitioners in The Health and Work Handbook (2005) – sanctioned by the Chief Medical Advisor to the Department of Work & Pensions.

Central criteria:

• Does the employee have the ability to understand the allegations made against them?
• Does the employee have the ability to distinguish right from wrong?
• Is the employee able to instruct a friend or representative to represent their interests?
• Does the employee have the ability to understand and follow the proceedings, if necessary with extra time and a written explanation?

Sharing our decisions with the employee’s GP often allows the doctor to comfortably disengage from the process and focus instead on providing support.