Provisional job offer Œsubject to medical clearance¹ ­ what does this mean for the employer?

Posted on January 1st, by editor in Caring Times. No Comments

It is common practice when recruiting care staff to make a provisional job offer “subject to satisfactory medical” or “subject to medical clearance”. What does this mean for the employer? This was the question considered by the Employment Tribunal and then by the Employment Appeal Tribunal (EAT) in the case of Ms C Farnsworthh v London Borough of Hammersmith & Fulham. The decisions in this case reveal obstacles that unwary employers could inadvertently stumble over. This article examines some of the issues. The brief facts were as follows: On October 3, 1997 Ms Farnsworth applied for the post of residential social worker in the Adolescence Service Unit run by the London Borough of Hammersmith and Fulham (“Hammersmith”). The post was as a care worker for young people from the ages of 11 to 17 who were in residential care and who suffered from particular behavioural and physiological disorders. The post was an important and sensitive one that would require close personal contact with the residents and continuit

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