Malicious Letter Sent To Work Place...Employees Rights

Hi,

I hope someone can advise?

My brother who has worked for a transport company for over 18 years was requested to go an see his manager.

His manager showed him an annoymous letter that had been sent to the companies HR dept suggesting that he suffers from medical conditions that they think the company should know about!

My brother couldnt believe it! None of it is true and its obviously a malicious letter from someone he knows to cause him trouble at work, he takes his job very seriously so they obviously know itll annoy him.

His manager, told him that he doesnt believe any of it and knows that none of it is true and wouldnt take anything further , however because it was brought to his attention by the HR dept they want to contact my brothers GP to verify if there is any medical issue as stated in this malicious letter?

Can they do this? Do they have the right to act on such a piece of spurious information?

It seems ridiculous that an annoymous letter could cause problems to a man who works hard and has never had any issues before?

He thinks he knows who has done this and why but has chosen not to do anything as he just wants to get on with things and actually thinks its just ridiculous and pathetic, but Im just concerned that it doesnt blight his good work record.

Any advice would be much appreciated.

Thank you:)
«13

Comments

  • Cooper18
    Cooper18 Posts: 286 Forumite
    GP won't give confidential medical advice to just anyone. End of.

    What he needs to do is pop into his local police station and ask them to open a file on him so that if anything else happens it will all be on record. Did same thing many years ago when I was receiving malicious phonecalls originating from my workplace to my home. Police were excellent. This isn't life or death, tell him not to stress.
  • AP007
    AP007 Posts: 7,109 Forumite
    Companies can write to the GP who then in turn will call you in to get your consent for them to write back to the employer. This or course will cost the employer could be anything from £50 upwards for a letter

    Yes, also report it to the police or get the company to do so.
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  • CFC
    CFC Posts: 3,119 Forumite
    Cooper18 wrote: »
    GP won't give confidential medical advice to just anyone. End of.

    What nonsense.

    OP, the firm are acting sensibly in requesting GP report. Your brother does not have to agree to it however they have a duty of care to the public, as well as their own staff, and a driver with alleged medical issues should be investigated. If he does not agree then this may be taken further. They cannot just ignore it.

    The form of the request will be
    'any known medical issues which may have an impact on X's ability to carry out his role' ie it is NOT a 'fishing expedition'.

    I do feel for your brother. This happened to a member of my staff recently, I received an anonymous note alleging all kinds of things. However as there was no health and safety issues I was able to simply ask him 'Did you ever do x and y' and document the fact that I had asked the question and the answer was 'no'.

    Agree with advising the police - this may not stop
  • silkyuk9
    silkyuk9 Posts: 2,815 Forumite
    As above GP's wont give out information willy nilly, its confidential. Even if and its a big if, infact its a non starter that your company would write to your GP asking for any info.

    Arent anonymous letters thrown in the bin anyway? I wouldn't bother an eye lid over this. If your brother knows who has sent it maybe a little quiet word in his ear after work would soon sort it out.
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  • Cooper18
    Cooper18 Posts: 286 Forumite
    CFC wrote: »
    What nonsense.

    OP, the firm are acting sensibly in requesting GP report. Your brother does not have to agree to it however they have a duty of care to the public, as well as their own staff, and a driver with alleged medical issues should be investigated. If he does not agree then this may be taken further. They cannot just ignore it.

    The form of the request will be
    'any known medical issues which may have an impact on X's ability to carry out his role' ie it is NOT a 'fishing expedition'.

    I do feel for your brother. This happened to a member of my staff recently, I received an anonymous note alleging all kinds of things. However as there was no health and safety issues I was able to simply ask him 'Did you ever do x and y' and document the fact that I had asked the question and the answer was 'no'.

    Agree with advising the police - this may not stop

    Sorry, it's not nonsense. Suggest you read up on patient confidentiality and data protection. Anyone can ask the GP - doesn't mean the GP will tell them anything. They can't tell anyone anything without the consent of the patient. And why would anyone consent to the release of private medical information on the basis of a malicious anonymous letter?!
  • agrinnall
    agrinnall Posts: 23,344 Forumite
    10,000 Posts Combo Breaker
    Cooper18 wrote: »
    Sorry, it's not nonsense. Suggest you read up on patient confidentiality and data protection. Anyone can ask the GP - doesn't mean the GP will tell them anything. They can't tell anyone anything without the consent of the patient. And why would anyone consent to the release of private medical information on the basis of a malicious anonymous letter?!

    Your original post made it seem cut and dried that it could never happen ("End of"), whereas CFC has clearly described a circumstance in which it can happen.

    If the OP's brother doesn't have a medical condition that affects his ability to drive then the GP will have no relevant confidential information to release, so why wouldn't he give consent? And if he fails to give it then the employer will surely feel there is substance to the anonymous letter.
  • Interesting.

    The first port of call is of course the police.

    With regards doctors reports...

    Usually what happens is that a company doctor asks for your permission to get into contact with your doctor, however this is the complete opposite. You are proving that you are fit to work. Which can these days be signed off with a simple fit note.

    I don't think this one is as easy as a simple doctors report. I'd consult an employment solicitor if I were him. However if he knows who it is...the police needs to be first contact.

    Even if you had these things, has there been any sickness that could be explained by the issues mentioned in the notes? If not, surely that should be enough for the employer?
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  • Cooper18
    Cooper18 Posts: 286 Forumite
    agrinnall wrote: »
    Your original post made it seem cut and dried that it could never happen ("End of"), whereas CFC has clearly described a circumstance in which it can happen.

    If the OP's brother doesn't have a medical condition that affects his ability to drive then the GP will have no relevant confidential information to release, so why wouldn't he give consent? And if he fails to give it then the employer will surely feel there is substance to the anonymous letter.

    No, what was described was a situation where the question could be asked, not one where the information is given out. The brother may have nothing to hide - but he has nothing to prove either.
  • Cooper18
    Cooper18 Posts: 286 Forumite
    What if the brother hasn't been to the GP for the past 20 years? Just because the GP isn't aware of any issues doesn't mean the brother doesn't have any. So the GP won't be able to prove his "innocence". And that's why I wouldn't give my consent in this scenario.
  • mountainofdebt
    mountainofdebt Posts: 7,795 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Cooper18 wrote: »
    What if the brother hasn't been to the GP for the past 20 years? Just because the GP isn't aware of any issues doesn't mean the brother doesn't have any. So the GP won't be able to prove his "innocence". And that's why I wouldn't give my consent in this scenario.

    tbh it sounds as if the letter is suggesting that the OP's brother has a medical condition that he is aware of and would affect his ability to do the work.

    Personally if I had nothing to hide then my employer could write to my gp - if I was the employer I would wonder why the employee refused permission.
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