am I overreacting by resigning

elsien

Decla wrote: »

Your sickness record may not be of concern in six months time. The Equality Act will soon make asking for details of sickness illegal.

Really? Which bit says that as I can't see it in the easy read version?
Sorry, I know this is off topic, but I'm genuinely interested. Just thinking about the people I've come across who are not ill or disabled, but who regard taking the full sickness entitlement every year as one of the perks of the job.

Uncertain

jdturk wrote: »

Uncertain wrote: »

Some will, most won't

Based on what statistics exactly?

If you are a poor employee or had lots of time of sick then it would be silly for an employer to agree a good reference due to the fact that if this is found to be untrue they could get themselves in trouble

It is perfectly possible to agree a reference that is true. It is not necessary to volunteer information and many firms have a policy of giving minimal information anyway.



Lying is not a good idea if he is not on holiday[/QUOTE]

Never suggested it, just take some time, there can be any number of reasons for a delay.

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leemee

Thank you all for your comments.

The concensus so far seems to be don't resign and send the form back refusing the report.

This is going to be difficult for me to 'make a nuisance of myself'. I tend not to make waves and I like to be easy going, however, this is something I feel strongly about.

Should I explain why I'm refusing or just send the form back?

Zazen999

Ok - back to basics.

Do you feel that you will be able to return to work soon? Or will you be off for the 6 months of treatment?

Whatever you do - do NOT resign. They do not have a right to see your records and this is only worth doing if it really will help your return to work. If you know that you won't be back, and your doc is signing you off for 6 months - then there is little point in getting a medical report anyway.

And if they ask why you are refusing, then tell them it is due to your lack of confidence in their procedures and their inability to keep private information private. Tell them it will be cheaper in the long run than them letting all and sundry know your private information and them having to give you money in a compromise agreement; thus you are actually saving them money.

Savvy_Sue

I think - I could be wrong here - that if you decline to let your own GP give you a report, they could arrange for you to see an Occupational Health doctor (at their expense).

Since the only relevant questions for your employer - IMO - relate to when / whether you will be fit to return to work and what reasonable adjustments might be necessary, could those questions be answered without mentioning the problems you want to keep confidential?

lynzpower

Savvy_Sue wrote: »

I think - I could be wrong here - that if you decline to let your own GP give you a report, they could arrange for you to see an Occupational Health doctor (at their expense).

Since the only relevant questions for your employer - IMO - relate to when / whether you will be fit to return to work and what reasonable adjustments might be necessary, could those questions be answered without mentioning the problems you want to keep confidential?

Savvy- interestingly similar thing happening for me at the mo.

My employer wants GP to do full report, my GP point blank refusing saying that they need to commission OH assessments as general prac's not insured or skilled/trained to do OH assessments.

OP have you even asked your GP whether they will do it?

My gp surgery will write a basic report with my consent ( ie when I attended) and of course they will want to be paid by the employer to provide this ( not sure how much, )

leemee

My GP would write a report with my consent, and yes my employer may ask for an OH assessment, but my understanding of this is that they are going to ask about current diagnosis and this will form part of the report i.e. due to diagnosis of x,y,z patient cannot at the moment do a,b,c this is or is not expected to improve etc, etc. I am happy to tell them when I may return unfortunately without a crystal ball neither a GP or OH doc will be able to tell the employer any more than I can.

The issue is that I cannot trust my employer. I gave my manager my private email address in case any issues arose and it has been given to various other staff. Since I have been off sick my address has been given out to a staff member without asking my permission. I cannot even trust them with very basic information, I certainly cannot trust them with medical information. I am certain that if I gave consent for a medical report or OH assessment that details from it would be circulating the office within a week. I really don't know how this can be resolved without either giving notice or being given notice, I just don't know which path to choose - there doesn't seem to be a way forward.


Lee

dmg24

You should be aware that there is case law whereby an employee was dismissed for refusing to agree to a medical report, and the dismissal was found to be fair.

If your employer is aware of this they will have no reason to offer you a compromise agreement, as they have nothing to lose by a straightforward dismissal.

property.advert

You will also need to consider who might require future access to your medical records. Life assurance is one, though not for some low limits and risks. However, you should consider this before making any decision.

leemee

dmg24 wrote: »

You should be aware that there is case law whereby an employee was dismissed for refusing to agree to a medical report, and the dismissal was found to be fair.

If your employer is aware of this they will have no reason to offer you a compromise agreement, as they have nothing to lose by a straightforward dismissal.

can you provide a reference to the case, it would be interesting to read the decision and see how the circumstances compare with my own. -EDIT- I believe I found the case but do not think it is relevant here. In that case the employee was being deliberately obstructive. Whereas I believe I have good cause for refusing to provide medical information given my employer's previous actions regarding informtion that should be kept confidential. I am prepared to give them as much information as possible about capabilities and potential of return to work.

The money issue is not what prompted this, I'm not refusing in order to try and cash in. However I am angry that I am being forced to make this decision because of my employer's lack of discretion with personal information. My first instinct had been to resign only expecting SSP and holiday pay due. Other posters have made arguments for a different path.