These Terms and Conditions govern your use of the Merit Occupational Health website and your use of our occupational health services.
By using our website or engaging our services, you agree to these Terms and Conditions where applicable. Specific services, employer contracts, quotations or service agreements may contain additional terms. Where specific contractual terms have been agreed, those terms will take precedence in relation to the relevant service.
1. About Merit Occupational Health
Merit Occupational Health provides occupational health services to employers, organisations and individuals.
Our services may include occupational health assessments, management referrals, health surveillance, fitness-for-work assessments, workplace health advice and other occupational health services.
Occupational health provides advice and support concerning the relationship between health and work. It does not replace an individual's usual GP, emergency medical services or other appropriate healthcare.
2. Using Our Website
You may use our website to learn about our occupational health services, make an enquiry, request information or access services made available online.
You must use our website lawfully.
You must not:
Attempt to gain unauthorised access to the website or its systems
Introduce viruses, malware or other harmful technology
Interfere with website security
Use the website for fraudulent or unlawful purposes
Attempt to access confidential information without authorisation
Misuse forms, portals or other online services
We may restrict access where reasonably necessary to maintain security, confidentiality or website operation.
3. Website Information
We aim to ensure information published on our website is clear, accurate and current.
Website content provides general information and should not be treated as individual medical advice, diagnosis or treatment.
Occupational health recommendations depend on individual circumstances, medical information, employment requirements and the purpose of an assessment.
You should seek appropriate medical attention from your GP, NHS services or another healthcare professional if you require diagnosis or treatment.
4. Occupational Health Services
The precise scope of an occupational health service will depend on the service requested and any agreement between Merit Occupational Health and the employer, organisation or individual purchasing the service.
Services may include:
Management referrals
Fitness-for-work assessments
Health surveillance
Workplace health assessments
Pre-placement or employment health assessments
Occupational health consultations
Workplace adjustment recommendations
Return-to-work advice
Health-related workplace guidance
Other occupational health assessments
The purpose and scope of an assessment should be established before the service is provided.
5. Employer Referrals
Employers may refer employees to Merit Occupational Health for an independent occupational health assessment.
The referring employer is responsible for providing sufficient and accurate information about the reason for referral, the employee's role and relevant workplace circumstances.
The employee should be informed about the purpose of the referral.
An occupational health assessment provides professional advice. The employer remains responsible for employment decisions arising from that advice.
6. Occupational Health Assessments
An occupational health assessment may consider:
Relevant medical history
Current health circumstances
Functional ability
Job requirements
Workplace risks
Absence information
Potential workplace adjustments
Fitness for work
Return-to-work considerations
The assessment will focus on information relevant to the occupational health question being considered.
Individuals are expected to provide accurate information because incomplete or misleading information can affect the reliability of an occupational health opinion.
7. Occupational Health Reports
Following an assessment, Merit Occupational Health may prepare a report for the employer or organisation that requested the assessment.
Reports may provide advice concerning:
Fitness for work
Functional capability
Workplace restrictions
Potential adjustments
Rehabilitation
Return-to-work planning
Likely timescales
Further occupational health review
Reports focus on relevant occupational information and should not provide employers with unrestricted access to an individual's medical history.
Occupational health reports represent a professional opinion based on the information reasonably available at the time of assessment.
8. Medical Confidentiality
Merit Occupational Health treats medical and health information confidentially.
Health information will only be accessed or disclosed where there is an appropriate professional, contractual or legal basis.
Detailed medical information will not normally be disclosed to an employer unless there is an appropriate basis for doing so.
There may be exceptional circumstances where information can or must be disclosed without consent, including where disclosure is required by law or necessary to address a serious risk of harm.
9. Consent and Information Sharing
Where consent or another form of authorisation is required before information can be shared, Merit Occupational Health will follow applicable legal and professional requirements.
The way information is shared may depend on the nature of the assessment, applicable professional standards and the contractual arrangements for the service.
10. Clinical Independence
Occupational health professionals provide independent professional opinions.
An employer, employee or other party cannot require a clinician to reach a particular conclusion.
Clinical recommendations will be based on the information available, relevant professional judgement and the occupational requirements being considered.
11. Employer Responsibilities
Employers using Merit Occupational Health services are responsible for:
Providing accurate referral information
Providing relevant job information
Identifying workplace requirements and risks
Informing employees appropriately about referrals
Making employment and management decisions
Considering occupational health recommendations
Meeting their own health and safety obligations
Complying with employment and equality legislation
Providing reasonable adjustments where legally required
Paying agreed fees
Occupational health advice supports employer decision-making but does not transfer the employer's legal responsibilities to Merit Occupational Health.
12. Employee Responsibilities
Individuals attending an occupational health assessment should:
Provide accurate information
Attend appointments at the agreed time
Answer relevant questions as accurately as reasonably possible
Inform the clinician about relevant health circumstances
Raise questions if they do not understand the purpose of an assessment
Inform us if they require reasonable adjustments to access our services
Failure to provide relevant information may limit the conclusions that can reasonably be reached.
13. Appointments
Appointments may be provided in person, remotely or through another agreed method depending on the service.
Appointment instructions will be provided where appropriate.
Individuals should attend appointments promptly and follow any reasonable preparation instructions.
Late attendance may reduce the available assessment time or require the appointment to be rearranged.
14. Cancellations and Missed Appointments
Cancellation and missed appointment terms may vary depending on the service or contractual arrangement.
Fees may apply where an appointment is cancelled without sufficient notice or where an individual does not attend an arranged appointment.
Any applicable cancellation terms should be provided as part of the relevant service agreement, quotation or booking arrangements.
15. Fees and Payment
Fees for occupational health services will be agreed with the organisation or individual purchasing the service.
Payment terms may be stated in a quotation, invoice, service agreement or contract.
Invoices must be paid within the agreed payment period.
Additional work outside the agreed scope may be subject to additional charges.
16. Health Surveillance
Where health surveillance is provided, the employer remains responsible for identifying workplace hazards and determining where health surveillance is required under applicable health and safety legislation.
Merit Occupational Health may provide professional advice concerning appropriate surveillance based on the information supplied.
Employers must provide accurate information about relevant workplace exposures because this information may determine the appropriate surveillance programme.
17. Fitness-for-Work Assessments
A fitness-for-work assessment provides an occupational health opinion based on the individual's health, functional capacity and relevant job requirements.
A fitness opinion may change if the individual's health, treatment, job requirements or workplace circumstances change.
Employers remain responsible for deciding whether and how an individual should be deployed within their organisation.
18. Workplace Adjustments
Occupational health professionals may recommend adjustments intended to support an individual at work.
Recommendations are advisory unless a specific legal requirement applies.
The employer remains responsible for considering whether adjustments are reasonable, practical and appropriate within the context of the workplace and applicable law.
19. Medical Emergencies
Merit Occupational Health is not an emergency medical service.
Our website, enquiry services and routine occupational health appointments should not be used for medical emergencies.
Anyone requiring urgent medical assistance should contact the appropriate emergency or NHS service.
20. Prescriptions, Diagnosis and Treatment
The scope of occupational health differs from general medical care.
Unless specifically included within an agreed service and provided by an appropriately qualified professional, Merit Occupational Health does not provide general primary healthcare, ongoing medical treatment or routine prescribing.
Individuals should continue to use their GP and other appropriate healthcare services for diagnosis and treatment.
21. Accuracy of Information
Occupational health advice depends on the quality and accuracy of the information available.
Merit Occupational Health cannot accept responsibility for conclusions materially affected by information that was inaccurate, incomplete or withheld, subject to applicable law and professional obligations.
If relevant circumstances change, a further assessment may be appropriate.
22. Third-Party Information
We may receive relevant information from employers, healthcare professionals or other authorised third parties.
We cannot guarantee the accuracy of information supplied independently by third parties.
Where information appears inconsistent or requires clarification, we may seek further information where appropriate.
23. Data Protection
Merit Occupational Health processes personal information and special category health data in accordance with applicable UK data protection legislation.
Our Privacy Policy explains how personal information is collected, used, stored, shared and protected.
Health information receives additional protection because it constitutes special category personal data under UK data protection law.
24. Records
Merit Occupational Health may maintain clinical, administrative and business records relating to services provided.
Records will be retained in accordance with applicable legal, professional, contractual and regulatory requirements.
Access to confidential occupational health records is restricted to appropriately authorised individuals.
25. Intellectual Property
Unless otherwise stated, content published on our website belongs to Merit Occupational Health or is used with permission.
This may include:
Written content
Graphics
Documents
Branding
Logos
Images
Training materials
Website design
You may use our website for legitimate personal or business purposes.
You must not reproduce, distribute, sell or commercially exploit substantial parts of our website or proprietary materials without permission unless permitted by law.
26. Website Availability
We aim to keep our website and online services available and secure.
We cannot guarantee uninterrupted availability.
Access may occasionally be restricted because of maintenance, technical problems, security requirements or circumstances outside our reasonable control.
27. External Websites
Our website may contain links to websites operated by third parties.
Merit Occupational Health does not control third-party websites and is not responsible for their content, security, availability or privacy practices.
The inclusion of an external link does not necessarily constitute an endorsement of the organisation, information, product or service.
28. Professional Advice and Liability
Occupational health opinions are based on professional judgement and the information reasonably available at the time.
Nothing in these Terms and Conditions excludes or limits liability where doing so would be unlawful.
We do not exclude liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation or another liability that cannot legally be excluded.
Any liability relating to services supplied under a specific commercial agreement may also be governed by the terms of that agreement.
29. Complaints
If you are dissatisfied with an occupational health service provided by Merit Occupational Health, please contact us so we can investigate your concerns.
We aim to handle complaints fairly, confidentially and appropriately.
Where applicable, individuals may also have the right to raise concerns with an appropriate professional, regulatory or data protection body.
30. Changes to These Terms and Conditions
We may update these Terms and Conditions when our services, website, professional requirements, business practices or legal obligations change.
The latest version will be published on our website.
Changes to website terms will not retrospectively alter an existing contractual agreement unless permitted by that agreement or agreed between the relevant parties.
31. Severability
If any provision within these Terms and Conditions is found to be unlawful, invalid or unenforceable, the remaining provisions will continue to apply.
32. Governing Law
These Terms and Conditions are governed by the laws of England and Wales.
Any dispute relating to these Terms and Conditions will be subject to the jurisdiction of the courts of England and Wales, subject to any mandatory legal rights that apply.
33. Contact Merit Occupational Health
If you have questions about these Terms and Conditions, our occupational health services or an existing service arrangement, please contact Merit Occupational Health using the contact details provided on our website.