Employer contacted GP without telling me

nicplymstock

Mrs_Chip wrote: »

OP - Can I clarify - have you at any point refused a request from your employer for permission for the approriate person to contact your GP for details regarding this period of absence?

No- I haven't.

It is unlikely that this illness will reoccur as it has now been treated and that's the end of that- but they seem to want specific details of the treatment I undertook- this is what bothers me because it is a sensitive issue regarding a sensitive area of the body on my GP letter he wrote that it is not acceptable to ask questions about potentially embarassing conditions. I don't think they should have asked me to 'explain' my medical situation as they did a few weeks ago either.

j.e.j.

I agree, I think you should have been within your rights to say you don't wish to discuss it. Outrageous!

nicplymstock

Uncertain wrote: »

It is simple.

To obtain any information from your GP the employer needs your permission in writing. You have a right to see any such report before it is sent.

But with regards to this, I have the right to say 'no' too- I asked my doctor and he said that I within my right not to consent as the details are none of their business (his words).

Could they still do a disciplinary on this?

nicplymstock

j.e.j. wrote: »

I agree, I think you should have been within your rights to say you don't wish to discuss it. Outrageous!

Yes- they were asking questions and I was not answering them. On the minutes of this 'informal meeting' (which went to my head) where I was not offered union rep, it says '.....was repeatedly asked to explain blah blah and .......refused to answer the question.' and it names various treatments I had etc.

There is no confidentiality as my school and my letter marked to the head as 'private and confidental' was then seen by an assistant head and an admin person because the head asked them to deal with it.

j.e.j.

I'm not an expert in employment law, but I think they are sailing very close to the wind doing that, and risking possible legal action from employee (ie. you!) Keep a record of everything that happens, and do try and seek some legal advice.

zzzLazyDaisy

The school acted unlawfully. If the employer requires a report from the GP they must follow the procedure set out in the The Access to Medical Reports Act 1988 states that your employer cannot ask your doctor for a medical report on you without your knowledge and consent. This applies to any request for a report, verbal or written, but in practical terms I doubt that any GP would discuss a patient over the phone, or agree to give any kind of report without first receiving a copy of the AMRA consent form signed by the patient.

Daisy

nicplymstock

j.e.j. wrote: »

I'm not an expert in employment law, but I think they are sailing very close to the wind doing that, and risking possible legal action from employee (ie. you!) Keep a record of everything that happens, and do try and seek some legal advice.

I have got my union involved and that could end up with a solicitor involved. I do suffer with stress and in july occupational health advised them to carry out a stress survey and they still haven't even now. I have raised this twice already. Also I come under the disability and equality act but I don't think they know that.

zzzLazyDaisy

nicplymstock wrote: »

But with regards to this, I have the right to say 'no' too- I asked my doctor and he said that I within my right not to consent as the details are none of their business (his words).

Could they still do a disciplinary on this?

The school must follow its own procedures. They can't discipline you for refusing to provide confidential medical information, no. But if they do not believe the reason for your absence, that is a conduct issue and yes you could be disciplined for that - if you refuse to provide evidence in your own defence, then they must come to a conclusion based on the facts available to them. The decision maker does not have to prove anything beyond reasonable doubt - they just have to carry out a thorough investigation and come to an honest and reasonable belief based on the facts available. It is your choice whether you wish to produce the information required to defend yourself, or not.

You should discuss with your union the prospect of raising a grievance in connection with the head's telephone contact with the GP.

However you also need to consider whether you wish to continue working at the school, or if it would be better for you to look for another job. I say this because there comes a point where trust and respect has broken down and regardless of the legal position, the reality is that on a day to day basis, the position may become very uncomfortable.

rising_from_the_ashes

If you have an OH dept any request for additional medical information should've come from them with any response returned to them (as I said earlier) - not from your HT.

Re informal meetings - we also have these and don't get the opportunity to take a representative along as they're supposedly "informal" but if you get to the "formal" stages, then you do have that right.

nicplymstock

zzzLazyDaisy wrote: »

The school must follow its own procedures. They can't discipline you for refusing to provide confidential medical information, no. But if they do not believe the reason for your absence, that is a conduct issue and yes you could be disciplined for that - if you refuse to provide evidence in your own defence, then they must come to a conclusion based on the facts available to them. The decision maker does not have to prove anything beyond reasonable doubt - they just have to carry out a thorough investigation and come to an honest and reasonable belief based on the facts available. It is your choice whether you wish to produce the information required to defend yourself, or not.

You should discuss with your union the prospect of raising a grievance in connection with the head's telephone contact with the GP.

However you also need to consider whether you wish to continue working at the school, or if it would be better for you to look for another job. I say this because there comes a point where trust and respect has broken down and regardless of the legal position, the reality is that on a day to day basis, the position may become very uncomfortable.

Thanks for this- the reasons I have given for absence have been supported with GP notes throughout and the letter I gave from him recently explains what I have been through, but it doesn't go into great medical depth. They want more medical depth. This is what I don't get- as my GP said, it isn't their business. That's why they phoned to get 'further information'