Employer's access to medical records?!?

Uncertain

caeler wrote: »

Rules changed earlier this year by the General Medical Council and you now have the right to see the report PRIOR to the employer. Therefore if you decide there is too much detail about irrelevant items then you can make sure the employer doesn't get to see it until those comments have been removed.

As I understand it, you now have a right to SEE the OH report prior to it being sent (just as you always have had if your GP was writing it). Before you simply had a right to a copy of the OH report.

However, as far as I'm aware the rules are now the same as a GP report in that you can ASK the doctor to modify it or delete parts but at the end of the day the report has to be the doctor's professional opinion. If you and the doctor cannot agree he has to add a note of your views to the report.

What you cannot do (as I understand it) is give your consent for a report to be written then withdraw that consent if you don't like the contents.

Mistral001

SiaSia wrote: »

My company would like me to see a doctor - with my consent - for the company to view my medical history.

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It would be interesting to find out what this doctor's brief is from the employer. There will be a brief given to the doctor by the employer as they are employing the doctor as a professional expert and thus must give a verbal or written brief to the doctor. I doubt if it is worded in the terms that the OP has described. If it is, then you probably have reason to complain to the doctor's professional body in my view as it is just too explicitly suggesting that the doctor should look at the medical records.

zzzLazyDaisy

Just to be clear - are you saying that the employer wishes to write to your GP for a report/access to medical record? Or are you saying that your employer wishes to refer you to an independent doctor who will then contact your GP for access to your medical records?

Either way, the employer will need to obtain your written permission under The Consent to Medical Reports Act 1988

The format of the consent form and your rights are here:

http://www.lboro.ac.uk/admin/hse/forms/Access%20to%20Medical%20Reports%20Consent%20Form.pdf

Basically, when you sign the form you should indicate whether you wish to see your GP's report before s/he sends it BUT if you say you do not want to see it, you can change your mind at any time, simply by notifying your GP. If you do see the report, and there is something in it that is wrong, or irrelevant, then you can ask for it to be changed.

You can also withdraw your consent at any time, but if you refuse to co-operate, then the employer is entitled to make a decision based on the knowledge and information available to it, which probably won't help you.