Sons Boss wants to see his medical file. Help

Mar.cresham

Ok im hoping someone can help me with some info for my son.

His story so far:

Ok well my poor son has been ill for along time now and has been making the best of it. But a few weeks ago he got so bad he had to take around 8 weeks off work and was having all sorts of tests done to him some not very nice (He had very bad lower back pain, bad pain in his abdomen, sickness and was always very weak)

He did his best and went back to work hoping he could make do with the painkillers and meds he was taking. Sadly they didnt help him due to his work (He is always on his feet, rushing around having to go up and down ladders lifting havey goods) So was in pain every min of the day and having to take to his bed for a few hours after work in the hope it would settle the pain.

So as a reslut his doctor signed him off again for 6 weeks (Also told him to try and find a desk job where he could sit all day) He found out on monday that he has a curviture of the spine and IBS. Which now explains why he has been so ill. The doctor has him on meds to try and settle it as he waits to see the specialists.

So now this morning he got a letter looking to see his medical file.(from his work) So now he his worrying there going to try and sack him and thats the last thing he needs is the stress (its a triger for IBS)


(Also he was knocked from a ten foot high ladder at work by falling stock landing on his back. He is not sueing before anyone thinks that and has no plans to)

so what im wondering is

Can they ask this?

what would they use it for?

can he say no?

if he did what would happen?

and

seen the doctor thinks he sould get a desk job sould he just resign under medical grounds?

sorry iv went on but im a mother and cant help worrying about my son

PLZ HELP

Treacle1983

Can they ask this? - Yes but you can refuse to give them access.

what would they use it for? - Possibly to acertain whether he is medically able to do his job. One lady I worked with previously had been suicidal/depressed and was going to be made redundant and it was to make sure she could cope with it - they had to get a councellor in etc..

can he say no? Yes - he can say no.

if he did what would happen? Not a lot really - the company will continue to do whatever it is they had asked the file for - a discussion about suitability in the job, redundancy etc...

Mar.cresham

Thank you for getting back to me so fast. Just so worried about him. He is so young to have all this going on.

Does anyone have any other info on this and if he would be better to resign? He feels so bad leving them under staffed.

Once again thank you so much

LinasPilibaitisisbatman

Why would he resign?

They can ask and he can refuse but then the question would be why is he refusing.

There are normally two reasons for seeing the files - capability suggestions or suspicion of skiving.

Ultimately if he doesnt give it he is more likely to be dismissed.

Mar.cresham

Im asking sould he resign seen the doctor does not feel the job suits him anymore. As he will always be in pain due to the kind of work he is doing

LinasPilibaitisisbatman

Well if he is not capable of doing the job I would give access to the medical files and the employer will likely dismiss him on terms of capability thus meaning he will have access to benefits etc having not resigned.

Uncertain

Having been in this position myself perhaps I can offer some advice.....

The employer won't get his "medical records". What they can ask for is for his GP to write a report. Your son has a legal right to see the report before it is sent. He can discuss the contents with the doctor and ask for certain things to be included or left out. He cannot however dictate to the doctor what to write as, at the end of the day, it is his professional opinion. The doctor can (and probably will) charge a fee which the employer should pay.

It would normally be best to go along with this request. At the end of the day it is for the doctor (and nobody else) to decide if your son is fit to work. His employer has a legal duty to make "reasonable adjustments" for a member of staff with a disability. None of this will happen terribly quickly (which will help!) but if you have put the wheels in motion you are being reasonable.

Whatever you do, don't let him resign (unless of course he is offered a more suitable job). Even then, unless he is very sure his health will cope, starting a new job under these circumstances is not easy.

I suggest you have a look at the BusinessLink and CAB websites which will give you a lot of information on this subject. BusinessLink is written from the employer's point of view so this can be useful to know.

All the best.

Mar.cresham

bump..........

LindsayO

uncertain gave you some great info. Employers have a duty under the Disability Discrimination Act to make reasonable adjustments if someone is considered disabled under the Act, so they may just be seeking information to see if your son would be classified as disabled under the act , so that they can fulfil their duty

eckythump

having gone through a similar thing with my husband I would say let them have access to a medical report,as uncertain said the employer has strict guidelines to follow.

Mrs_Ryan

I think the doctor can refuse access - I used to work for Abbey and it was standard practice that after 10 days sick they used to apply to see your medical files to ascertain if there was some underlying problem. I reluctantly agreed (I wanted to refuse, I had had a lot of previous problems I thought were none of their business) but was told I would be put on a disciplinary if I didnt.
However, my supervisor later came back to me and said that in my case they wanted to speak to me about it, and they hadnt seen my files. It was all fine but I didnt know of that happening to anyone else, so I think my doctor refused them access. The questions they asked were very general and I told them my one 'major' problem which would indicate that the doctor had flat refused to tell them anything.
So I suppose it would depend on the doctor, tbh.