HR Advice Hub

Can You Make an Employee Attend Occupational Health?

When an employee refuses to attend Occupational Health, many employers immediately ask the same question: Can we make them go?

Others phrase it more bluntly: Can we force an employee to attend Occupational Health?

It’s a common concern, particularly where sickness absence, wellbeing concerns, capability issues, or workplace adjustments are involved.

The short answer is no, employers cannot force someone to attend Occupational Health. However, the situation is often more nuanced than that.

In practice, employers may still reasonably expect employees to engage with processes intended to support workplace decision-making and employee wellbeing.

Why Employers Use Occupational Health

Occupational Health (OH) is typically used to help employers better understand how an employee’s health may be affecting work. This might include:

• sickness absence

• stress or wellbeing concerns

• return-to-work support

• workplace adjustments

• fitness for work

• capability concerns

The aim is usually to obtain independent medical guidance to help employers make fairer and more informed decisions. In many situations, Occupational Health referrals are intended as a supportive measure rather than a disciplinary one.

Can Employees Refuse Occupational Health?

Employees can refuse to attend Occupational Health appointments or decline consent for medical information to be shared. Medical consent still matters, and Occupational Health providers cannot normally disclose confidential medical information without the employee’s agreement.

However, refusal does not necessarily mean the issue simply disappears. If an employer is trying to understand:

• ongoing absence

• workplace support needs

• health-related capability concerns

• whether adjustments may be appropriate

…they may still need to make management decisions based on the information available to them.

Why Refusal Can Create Difficulties

Sometimes employees worry that Occupational Health is designed to “catch them out” or challenge the legitimacy of their health concerns. In reality, Occupational Health is usually most effective when everyone engages openly with the process. Without medical guidance, employers may have:

• less clarity around workplace support

• limited understanding of likely timescales

• uncertainty around adjustments

• fewer options for managing the situation appropriately

This can make already difficult situations more complicated for both the employer and the employee.

Should Employers Explain the Reason for the Referral?

Yes, clarity matters. Employees are often more willing to engage when employers clearly explain:

• why the referral is being suggested

• what support or guidance is being explored

• how the information will be used

• what concerns the business is trying to understand

A poorly explained referral can sometimes create unnecessary anxiety or mistrust. Good communication can make a significant difference.

Is Refusing Occupational Health Misconduct?

Refusing to attend Occupational Health is not usually treated as simple misconduct in isolation. However, the wider context matters. For example:

• is the employer trying to understand long-term absence?

• are workplace adjustments being considered?

• is there a capability process underway?

• has the employee provided alternative medical information?

• has the employer explained the referral reasonably?

These situations are rarely black and white, which is why employers should approach them carefully and reasonably.

Occupational Health vs GP Advice

In reality, GPs and Occupational Health providers often serve different purposes.

A GP’s focus is primarily medical treatment and patient care, whereas Occupational Health focuses specifically on how health may affect someone within the workplace and what support or adjustments may help.

This is one reason employers may still seek Occupational Health guidance even where fit notes or medical certificates already exist.

What Happens if an Employee Refuses?

If an employee ultimately chooses not to engage with Occupational Health, employers may sometimes need to continue managing the situation using the information they do have available.

That does not mean employers should jump straight to formal action. Instead, employers should usually demonstrate that they have:

• acted reasonably

• attempted to obtain appropriate guidance

• communicated clearly

• considered employee wellbeing

• explored possible support

Fair process and reasonable decision-making remain important throughout.

Need HR Support?

Employers cannot force employees to attend Occupational Health appointments. However, Occupational Health often forms an important part of understanding workplace health concerns, supporting employees appropriately, and helping businesses make fair decisions.

Occupational Health situations can quickly become sensitive and difficult to navigate, especially where sickness absence, capability concerns, or employee wellbeing are involved.

BloomHR provides practical HR support to help employers manage Occupational Health referrals, absence concerns, workplace adjustments, and employee relations issues. Contact us for more information.