Employer requesting "access to medical reports"

Yorkie1

NoNoDrama you appear to have a particular axe to grind on this topic. Care to share it?

From my own experience, employers can and do act in a supportive way. It is untrue to state that every employer will be out to sack the employee from the outset.

zzzLazyDaisy

First, your OH need to contact the employer, if you have not already done so, and tell them that the consent form was not enclosed with the letter.

When you get the form you will see that it is in a particular format, with accompanying notes and is sent to you under the Access to Medical Reports Act 1988. The notes explain your rights, which include the right to see the GP report before it is sent to your employer (and to ask your GP to amend the report or to refuse consent at that stage if there is anything in the report that you do not want the employer to see).

It is very likely that the reason for the request is that the employer has been told that the GP will be recommending that he goes back to work on amended duties / reduced hours. The employer has a duty of care towards its employees, and if they are told that an employee is able to come to work but not carry out his normal duties, they will often want a more detailed report from the GP.

The thing is, it is in your OH's interests to co-operate, if he wishes to return to work on amended duties / hours.

Why?

Because fit-note recommendations are just that - recommendations. The employer is under no legal obligation whatsoever to agree to those recommendations (unless his illness amounts to a disability under the Equality Act 2010, in which case other considerations may apply). Assuming he is not disabled under the act (and low mood is unlikely to meet the criteria) then if the employer rejects the GPs recommendations, your OH simply stays off sick until he is able to return to normal duties. That is not in your OH's interests, or his employer's. So it seems like they are considering the possibility of making adjustments to his working arrangements to accommodate a return to work, and need more information.

Re the comment about Occupational Health - depending on the size of the business they may or may not have access to this service. Smaller employers do tend to request medical reports directly from the GP.

I hope some of the above helps to set your mind at ease.

Daisy

EDIT - when you mention 16 years, is that the length of time he has been with this employer?

indsty

Just to add a note to LazyDaisy's excellent post - your GP is very familiar with writing reports for Occupational Health reasons. They should only give basic details of your CURRENT illness or problem and their prognosis of your recovery time etc. They will not give any general information about any history or condition within your medical history apart from this.