Employers rights to see medical records
Discussion
Ok i have been off work for 3 weeks (signed off with notes from my GP).
I have been sent a letter from my employer asking for permission to see my medical records.
The form that has been sent suggests that it is the whole midical file, and not just the current condition. There does not seem to be an option for me to see what the GP prepares for my employer. There does not seem to be a time restriction on how long they can keep tabs on my contact with my GP.
I am happy to give permission for my employer to obtain a report from my GP for my current condition, for a single request only only if i am able to see and comment on this prior to it being sent to my employer.
I am also being refered to occupational health, and an indipendent medical practitioner for them to write a report.
any advice would be helpful
Thanks
I have been sent a letter from my employer asking for permission to see my medical records.
The form that has been sent suggests that it is the whole midical file, and not just the current condition. There does not seem to be an option for me to see what the GP prepares for my employer. There does not seem to be a time restriction on how long they can keep tabs on my contact with my GP.
I am happy to give permission for my employer to obtain a report from my GP for my current condition, for a single request only only if i am able to see and comment on this prior to it being sent to my employer.
I am also being refered to occupational health, and an indipendent medical practitioner for them to write a report.
any advice would be helpful
Thanks
They have no right per se.
Who are they suggesting can see the same?
The bottom line however is that you can decide who may or may not see any records. Your GP can produce a letter stating X, Y and Z etc. What action your firm may take in reply is up to them, the legalities of which can then be tested in court if needs be.
Personally, I'd tell them to get stuffed and say they are not entitled to see your records which are deemed sensitive data under the Data Protection Act and it would be a breach of your Right to Privacy. You are happy to provide X,Y and Z and trust this will suffice.
Who are they suggesting can see the same?
The bottom line however is that you can decide who may or may not see any records. Your GP can produce a letter stating X, Y and Z etc. What action your firm may take in reply is up to them, the legalities of which can then be tested in court if needs be.
Personally, I'd tell them to get stuffed and say they are not entitled to see your records which are deemed sensitive data under the Data Protection Act and it would be a breach of your Right to Privacy. You are happy to provide X,Y and Z and trust this will suffice.
They can request a medical report regarding your current condition, and any underlying condition that may contribute to your illness. They have to get you to sign a release to consent to this which also has a section for you to request to see the report before it goes to the employer.
You can refuse to sign the consent if you wish, and they will then just go on the opinion of their own occupational doctor/nurse.
It is usually in your interest to try to co-operate in these circumstances, to ensure the employer has a fair overview of your current problem (this is usually best provided by your own GP who has better knowledge of your circumstances). If you want to, make sure you endorse the form with "I give consent for you to provide information relating to my current medical condition". That way the employer will only see the relevant bits, and not everything.
Of course, if they prefer what their own GP says as opposed to yours, then they can chose to take that opinion anyway.
You can refuse to sign the consent if you wish, and they will then just go on the opinion of their own occupational doctor/nurse.
It is usually in your interest to try to co-operate in these circumstances, to ensure the employer has a fair overview of your current problem (this is usually best provided by your own GP who has better knowledge of your circumstances). If you want to, make sure you endorse the form with "I give consent for you to provide information relating to my current medical condition". That way the employer will only see the relevant bits, and not everything.
Of course, if they prefer what their own GP says as opposed to yours, then they can chose to take that opinion anyway.
Oh, I just noticed that you say there is no option for you to see the report. Medical Records and Reports Act (if I've got the name correct) means you are not only entitled to see any such report but that the request form should state clearly on it that you have the right to do so (though I rather suspect that most don't). So you are entitled to see any report as well because you have the right to object to any part of it etc. (though under certain circumstances the doctor can refuse to change it, but then you still have the right to stop any report being sent to any employer if that is your wish).
Ok a Bit of an update.
I have compelted the standard for Removing certain bits and also included a line to say i want to see the medical report before it going to my employer.
I have recieved a number of emails over the week stating that the way i edited the form was not acceptable and i would have to sign the form giving them access based on the standard wording of the form or no access.
I have replied stating that if you are not willing to limit the request to my recent reason for absence and allow me to see the medical report first then i will not give access. This has not gone down to well, and am starting to think that i maybe a target for redundecy next time around.
Any advice other than get my CV ready!
I have compelted the standard for Removing certain bits and also included a line to say i want to see the medical report before it going to my employer.
I have recieved a number of emails over the week stating that the way i edited the form was not acceptable and i would have to sign the form giving them access based on the standard wording of the form or no access.
I have replied stating that if you are not willing to limit the request to my recent reason for absence and allow me to see the medical report first then i will not give access. This has not gone down to well, and am starting to think that i maybe a target for redundecy next time around.
Any advice other than get my CV ready!
Soovy said:
JJCW said:
I'd advise keeping a separate copy of all these emails.
This.And draft your CV.
But the best bit of this is that it was my employers that contributed 90% to the reason i was off sick for 3 weeks.
stevieb said:
Soovy said:
JJCW said:
I'd advise keeping a separate copy of all these emails.
This.And draft your CV.
But the best bit of this is that it was my employers that contributed 90% to the reason i was off sick for 3 weeks.
And you wonder why you're being managed out.
Soovy said:
stevieb said:
Soovy said:
JJCW said:
I'd advise keeping a separate copy of all these emails.
This.And draft your CV.
But the best bit of this is that it was my employers that contributed 90% to the reason i was off sick for 3 weeks.
And you wonder why you're being managed out.
I have been employed with the company for 4 years, and each year i have had a promotion due to my performance. Also am one of the in the top 2 rated people in my office for what i do.
So in other words you role the dice and see what happens
stevieb said:
Soovy said:
stevieb said:
Soovy said:
JJCW said:
I'd advise keeping a separate copy of all these emails.
This.And draft your CV.
But the best bit of this is that it was my employers that contributed 90% to the reason i was off sick for 3 weeks.
And you wonder why you're being managed out.
I have been employed with the company for 4 years, and each year i have had a promotion due to my performance. Also am one of the in the top 2 rated people in my office for what i do.
So in other words you role the dice and see what happens
Might I suggest informing them that disclosure would be limited in legal proceedings to that which is relevant. That is all you are currently undertaking to disclose, and that is all they would be entitled to in any event. Also, medical records are deemed sensitive data under the Data Protection Act.
Finally, I'd advise them that they are fully aware that a primary reason for your absence is due to their actions and that these actions serve only to exacerbate your condition (basically, see if they deny it - I do hope you've told them previously that they are causing your health to suffer).
Finally, I'd advise them that they are fully aware that a primary reason for your absence is due to their actions and that these actions serve only to exacerbate your condition (basically, see if they deny it - I do hope you've told them previously that they are causing your health to suffer).
Firstly, apologies for dragging up a old thread, I've been reading through this particular forum as I've been bored and my interest was peaked by this particular thread.
Anyway, a quick google search came up with this link: http://www.netlawman.co.uk/info/accessing-employee... which makes mention to the Access to Medical Reports Act 1988 (AMRA). AMRA provides employers with a right of access to reports provided by medical practitioners in connection with employment. The act also gives employees the right to withhold their consent from certain information being provided about them by their doctors.
If you're still working for them OP:
An employee who has been asked to provide their consent for a medical report from their doctor has three options:
* To withhold their consent;
* To consent to the application for the report and agree that it can be sent directly to their employer;
* To consent to the application, but indicate that they wish to see the report before it is supplied to their employer (section 4(1), AMRA).
The link mentioned above has some decent info about enforcing AMRA on their employer, though there are no penalties possible, the employee could use an employers failure to follow AMRA in an employment tribunal or similar. It also mentions that you can't restrict what the employer can access, only withhold all access or indicate your wish to see the report before supplied. It does mention your ability to request an amendment, but I'm not 100% under what circumstances this would be and what you could ask to be amended.
The full text of the act is here: http://www.opsi.gov.uk/acts/acts1988/ukpga_1988002...
Anyway, a quick google search came up with this link: http://www.netlawman.co.uk/info/accessing-employee... which makes mention to the Access to Medical Reports Act 1988 (AMRA). AMRA provides employers with a right of access to reports provided by medical practitioners in connection with employment. The act also gives employees the right to withhold their consent from certain information being provided about them by their doctors.
If you're still working for them OP:
An employee who has been asked to provide their consent for a medical report from their doctor has three options:
* To withhold their consent;
* To consent to the application for the report and agree that it can be sent directly to their employer;
* To consent to the application, but indicate that they wish to see the report before it is supplied to their employer (section 4(1), AMRA).
The link mentioned above has some decent info about enforcing AMRA on their employer, though there are no penalties possible, the employee could use an employers failure to follow AMRA in an employment tribunal or similar. It also mentions that you can't restrict what the employer can access, only withhold all access or indicate your wish to see the report before supplied. It does mention your ability to request an amendment, but I'm not 100% under what circumstances this would be and what you could ask to be amended.
The full text of the act is here: http://www.opsi.gov.uk/acts/acts1988/ukpga_1988002...
Cyberprog said:
Firstly, apologies for dragging up a old thread, I've been reading through this particular forum as I've been bored and my interest was peaked by this particular thread.
Anyway, a quick google search came up with this link: http://www.netlawman.co.uk/info/accessing-employee... which makes mention to the Access to Medical Reports Act 1988 (AMRA). AMRA provides employers with a right of access to reports provided by medical practitioners in connection with employment. The act also gives employees the right to withhold their consent from certain information being provided about them by their doctors.
If you're still working for them OP:
An employee who has been asked to provide their consent for a medical report from their doctor has three options:
* To withhold their consent;
* To consent to the application for the report and agree that it can be sent directly to their employer;
* To consent to the application, but indicate that they wish to see the report before it is supplied to their employer (section 4(1), AMRA).
The link mentioned above has some decent info about enforcing AMRA on their employer, though there are no penalties possible, the employee could use an employers failure to follow AMRA in an employment tribunal or similar. It also mentions that you can't restrict what the employer can access, only withhold all access or indicate your wish to see the report before supplied. It does mention your ability to request an amendment, but I'm not 100% under what circumstances this would be and what you could ask to be amended.
The full text of the act is here: http://www.opsi.gov.uk/acts/acts1988/ukpga_1988002...
I am still working for them.. As the Redundancy Case against 5 of use failed... All 5 of us are looking to leave ad either setup as indipendents (Contractors) or to join forices and start our own practice. Anyway, a quick google search came up with this link: http://www.netlawman.co.uk/info/accessing-employee... which makes mention to the Access to Medical Reports Act 1988 (AMRA). AMRA provides employers with a right of access to reports provided by medical practitioners in connection with employment. The act also gives employees the right to withhold their consent from certain information being provided about them by their doctors.
If you're still working for them OP:
An employee who has been asked to provide their consent for a medical report from their doctor has three options:
* To withhold their consent;
* To consent to the application for the report and agree that it can be sent directly to their employer;
* To consent to the application, but indicate that they wish to see the report before it is supplied to their employer (section 4(1), AMRA).
The link mentioned above has some decent info about enforcing AMRA on their employer, though there are no penalties possible, the employee could use an employers failure to follow AMRA in an employment tribunal or similar. It also mentions that you can't restrict what the employer can access, only withhold all access or indicate your wish to see the report before supplied. It does mention your ability to request an amendment, but I'm not 100% under what circumstances this would be and what you could ask to be amended.
The full text of the act is here: http://www.opsi.gov.uk/acts/acts1988/ukpga_1988002...
But i did give consent for them to obtain a report from my GP. But when my GP contacted me to Authorise the release to my employer i was midway through redundancy selection, and i use the clause in the act to remove my permission and for my GP not to send the report to my Employer.
Still 10 months after my absence from work, they are still harrassing me for a medical report..
Well then, make your intention known to them that you do not give your consent anymore, and if they ignore that wish then take them to the county court to uphold your rights under the AMRA legislation. Would give you the opportunity to take them to an employment tribunal for potential constructive dismissal if you can add up enough bulls
t on their part 
t on their part Cyberprog said:
Well then, make your intention known to them that you do not give your consent anymore, and if they ignore that wish then take them to the county court to uphold your rights under the AMRA legislation. Would give you the opportunity to take them to an employment tribunal for potential constructive dismissal if you can add up enough bullst on their part
There is loads of stuff i have on the company from the redundancy if i can leave and take them to tribunal for constructive dismissal already. t on their part The company does not have a ffing clue to be honest.. My director & Management accountant resigned (Forced out) last week. So i am looking for other options anyway but there are a few out there but they are all at a significantly lower salary. I am not really looking to change jobs this side of the election. But if something comes around around my current salary i will be out of the door like a shot.
Cyberprog said:
Lol, don't wait too long, if they go under you'll be hard pushed to get a decent settlement out of them 
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