Malicious Letter Sent To Work Place...Employees Rights

getzls

So if someone sent an anonymous letter to the O.P's H.R. department alleging something about his boss,his boss would have to get a medical report also? Not saying that's what he should do of course.:cool:

Cooper18

getzls wrote: »

So if someone sent an anonymous letter to the O.P's H.R. department alleging something about his boss,his boss would have to get a medical report also? Not saying that's what he should do of course.:cool:

This is why all anonymous letters should be binned. It's a joke. People could do this all the bloomin time! If there is substance to an allegation then sign your name to it.

Funky_Bold_Ribena

mountainofdebt wrote: »

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.

He said 'none of it is true'.

AP007

Funky_Bold_Ribena wrote: »

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.

It dont have to be a company doctor, just HR will ask you but your doctor doesnt't have to give any report if you or the GP do not want to.

Funky_Bold_Ribena

AP007 wrote: »

It dont have to be a company doctor, just HR will ask you but your doctor doesnt't have to give any report if you or the GP do not want to.

Yes, that's what the words 'asks for your permission' means. Usually it would be an occupational or company doctor, not just HR as HR people are not qualified to make judgements on the resulting report.

AP007

Funky_Bold_Ribena wrote: »

Yes, that's what the words 'asks for your permission' means. Usually it would be an occupational or company doctor, not just HR as HR people are not qualified to make judgements on the resulting report.

they are not making a judgement until the report comes back but if the persons health has not been an issue and there is nothing to report about then they will not need a doctor.

Takeaway_Addict

To be fair if the employer does nothing and it does come to light there is an issue then they get in trouble.

They as far as I can see are acting correctly in asking to get a dr's report. If there is nothing to hide then there is no issue, if you refuse then the employer has to make a judgement call on the employability of the person and if dismissed only a tribunal can say if that was fair or not.

Its a really difficult one for the employer which needs the cooperation of the employee to solve the issue. As has been mentioned unless he is hiding something then its surely best just to cooperate and provide the employer with a bit of cover

Funky_Bold_Ribena

AP007 wrote: »

they are not making a judgement until the report comes back but if the persons health has not been an issue and there is nothing to report about then they will not need a doctor.

No, what I mean is that the usual system does not apply in this case, as the employee is not asking for any reasonable adjustments nor is the employer attempting to manage a situation on grounds of capability. Hence it being a police issue not a doctor's one.

And I'd just reaffirm a recommendation to see an employment law specialist before agreeing to anything.

GrannyKate

Would agree with some of the posters here. Anonymous letters are unpleasant but good risk management means that some basic enquiries should be made before dismissing the content entirely. My thoughts are;
1. If he works for a transport company he is most likely contractually obliged to agree to them contacting his GP - this may well apply regardless of whether he is a driver, office or depot staff
2. He should obtain a copy of the letter - this is his personal data and they should not refuse.
3. If a large company they will have occupational health team who will request and read any information from his GP not HR. There are standard consent forms limiting the information requested and it seems to me that they could just ask GP about the points raised in the letter. He is entitled to a copy of the report and should be asked if he wants to see it before it goes to the employer. If a smaller company they may be happy for him to just ask GP to write to them on relevant issues although letting them write means they take care of any fee.
4. Depending on the issues raised he could consider reporting it to the police so it is on record in case this is the beginning of a longer process of harassment rather than a one off event.
5. There seems no reason not to co-operate with his employer who is in a really difficult position here. This is one of those things we all may have to deal with some time in our lives - frustrating and annoying but shooting yourself in the foot by being obstructive will not help.

pinkshoes

I'd just give them permission to see the medical records, but also say that as they're now acting on this anonymous letter, you have no option but to report it to the police.