How Occupational Health Engagement Helps Manage Risk

Employee illness or injury can quickly shift from a short-term disruption to a long-term workplace challenge. As Ed Bowyer, Stefan Martin, Jo Broadbent, and Imtiyaz Chowdhury of Hogan Lovells explain in an article, the involvement of occupational health specialists provides employers with critical tools to manage these risks responsibly. 

Occupational health professionals assess employees’ physical or mental health in the context of workplace demands and produce reports with guidance on adjustments that may support a return to work or sustain ongoing performance.

The need for occupational health often arises when employees experience prolonged sickness absence or when health issues begin to impact their day-to-day activities. Specialists can clarify prospects for return-to-work timelines, advise on phased reintegration, and recommend necessary adjustments under the Equality Act 2010. 

Employers must first secure employee consent for referrals and comply with UK GDPR and, where applicable, the Access to Medical Reports Act. These steps not only ensure regulatory compliance but also help maintain trust, thereby reducing the risk that employees view referrals as a precursor to dismissal.

Once assessments are completed, the recommendations must be carefully reviewed and implemented where reasonable. Employers are expected to regularly review adjustments and engage directly with employees to discuss outcomes, promoting cooperation and fairness. Refusal to cooperate with occupational health could, in some instances, justify disciplinary measures, though early punitive action is discouraged.

Early and consistent engagement with occupational health strengthens compliance, reduces exposure to claims of disability discrimination or unfair dismissal, and provides a structured framework for managing workforce health risks.