Referring Employees For Medical Assessment

In a recent High Court case, Delaney v Central Bank of Ireland [2011], which involved a referral by the Central Bank of a senior employee for psychiatric assessment, Ms Justice Laffoy commented on the principles to be adhered to by employers in referring employees for medical examination in order to accord with fair procedures.

Ms Justice Laffoy found that, in this case, the referral of the Plaintiff for psychiatric assessment had been effected in breach of his entitlement to fair procedures and natural justice.  The employer had failed to inform the Plaintiff of the documentation that was given to the psychiatrist prior to the assessment taking place. Furthermore, when the Plaintiff's Solicitors later requested to be provided with a copy of this documentation, the employer had sought to rely on legal privilege in refusing to provide the Plaintiff with same.  Ms Justice Laffoy also found that the referral process was further tainted by the furnishing by the employer