Employment and occupational health psychiatric expert witness in Scotland
Employment disputes with a psychiatric dimension require an opinion that distinguishes ordinary occupational stress from a recognised psychiatric disorder, and that addresses causation in a workplace of many contributing pressures rather than a single index event. I am instructed by employee and employer representatives, by pension scheme administrators and by agents acting in employment tribunal claims.
Common instructions include claims for personal injury arising from work-related stress or bullying, applications for ill-health retirement, disability discrimination claims under the Equality Act 2010, and disputes over fitness to return following long-term sickness absence. Reports are prepared for the employment tribunal, the sheriff court and the Court of Session as the forum requires.
What I can advise on
- Whether the individual meets diagnostic criteria for a recognised psychiatric disorder, and whether that is properly described as work-related stress, an adjustment disorder, depression, anxiety or another condition.
- Causation where multiple potential contributors exist — workplace conduct, organisational change, domestic circumstances and pre-existing vulnerability — and apportionment between them so far as the evidence allows.
- Whether the individual meets the definition of disability under section 6 of the Equality Act 2010 on mental health grounds, including the substantial and long-term adverse effect tests.
- Fitness for the substantive role, fitness for any alternative role, and the reasonable adjustments, if any, that might support a return to work.
- Whether the condition meets the medical criteria for ill-health retirement under the relevant pension scheme rules, where I am asked to address a defined test.
- Prognosis with and without a change in working conditions, and the likely timescale for recovery or for sustainable return.
- The effect of the internal grievance or disciplinary process itself on the individual's mental state, where that is said to be a contributing factor.
- Capacity to participate in tribunal proceedings, including giving evidence, where this is raised.
Where the question is a legal one — whether conduct amounted to harassment, or whether an adjustment was reasonable in the circumstances of the business — that is left to the tribunal. The medical evidence is confined to diagnosis, causation, disability status and fitness.
Typical instructions
- Stress claim following a period of organisational restructuring
- An employee brings a claim after a redundancy process, alleging the manner of the process caused a depressive illness. The instruction requires the report to separate the effect of the process itself from pre-existing occupational and domestic stressors recorded in GP notes.
- Application for ill-health retirement refused by the scheme
- A member's application for ill-health retirement has been refused on the basis that the medical evidence does not meet the scheme's permanence test. An independent opinion is sought on whether the criteria in the scheme rules are met on the current evidence.
- Disability status disputed in a tribunal claim
- An employer disputes that an employee with anxiety and depression meets the statutory definition of disability. The opinion addresses the substantial and long-term adverse effect on normal day-to-day activities at the material time, including the effect of medication.
- Contested fitness to return after twelve months' absence
- Occupational health and the employee's own psychiatrist disagree on fitness to return to a customer-facing role. A joint or single joint expert opinion is sought on fitness, the adjustments that might make a return sustainable, and the prognosis if none are made.
What the report includes
The report sets out the chronology of employment events relied on, cross-referenced against GP records, occupational health records and any earlier fit notes, before addressing diagnosis and causation. Where the account given at interview differs from the contemporaneous record, the difference is identified and its significance to the opinion explained.
Disability status, where in issue, is addressed by reference to the statutory test directly rather than by inference from diagnosis alone, considering the effect of the condition without medication or other coping measures where the evidence permits that assessment.
Fitness and prognosis are addressed separately for the substantive role and, where relevant, for alternative roles, with specific comment on adjustments that could reasonably support return and the timescale over which improvement might be expected.
Timescales and format
Assessment is normally in Greater Glasgow, at an agreed venue, or by secure video where appropriate. A tribunal instruction with a case management timetable should note the relevant dates at enquiry stage.
Report turnaround runs from receipt of complete records: [CLIENT TO CONFIRM: X weeks]. Ill-health retirement opinions often require the scheme's specific medical criteria to be provided before the assessment is arranged.
Joint instructions, single joint expert reports, supplementary opinion on further disclosure, and attendance at a tribunal hearing or proof are available on the terms set out under fees and timescales.
Frequently asked questions
- Can you act as a single joint expert in a tribunal claim?
- Yes. Single joint instructions are accepted where both parties agree the questions to be answered, and the same standard of independence applies as to any other instruction.
- Do you assess whether an employer's conduct amounted to bullying or harassment?
- No. That is a factual and legal question for the tribunal. The medical evidence addresses diagnosis, causation and the psychiatric consequences of the events as described and as recorded, not whether the conduct itself was unlawful.
- How do you address disability status under the Equality Act?
- By applying the statutory test directly — substantial adverse effect, long-term duration, and effect on normal day-to-day activities — assessed as far as possible without the ameliorating effect of medication or coping strategies, and by reference to the material time in question.
- What if occupational health and the treating psychiatrist disagree?
- The report explains where and why the opinions diverge, considers the evidential basis for each, and gives a reasoned independent view rather than simply adopting one side's conclusion.
- Can you give an opinion on ill-health retirement scheme criteria you have not seen before?
- Yes, provided the scheme's specific medical test is supplied with the instruction. Different schemes use different definitions of permanence and incapacity, and the opinion is framed against the actual wording that applies.
Related expertise
- Anxiety and depression — Assessment of depressive and anxiety disorders arising from accident, assault or workplace events.
- Mental health tribunals — Section 22 approved reporting for the Mental Health Tribunal for Scotland.
- Personal injury — Psychiatric injury reports for pursuers and defenders in Scottish personal injury actions.
- Letter of instruction — model letter and the records to enclose
Instructing Dr Qureshi
Instructions are accepted from pursuer and defender agents, insurers, regulatory bodies and occupational health providers. A conflict check is carried out before any instruction is accepted.
Or call 07739 587092.