Should I give consent to access medical reports

Sugar_Coated_Owl

I've had a pretty bad year so far. I've taken about 5 overdoses (3 required treatment for liver failure) and admitted to a psychiatric hospital twice. This has resulted in me being off sick for 7 weeks between Feb-Apr, a few days in May and another 2 weeks during June/July. So in total just over 9 weeks. I am currently employed as a dispenser in an pharmacy. As a result of my sickness HR have been informed and have contacted Bupa Wellness. I have received a form re: access to medical reports and I'm really not sure what to do. Is it best to give my consent for them to access medical reports or should I withhold consent? I am really worried about it all and just want to do the right thing.

ben500

razorbladekisses wrote: »

I've had a pretty bad year so far. I've taken about 5 overdoses (3 required treatment for liver failure) and admitted to a psychiatric hospital twice. This has resulted in me being off sick for 7 weeks between Feb-Apr, a few days in May and another 2 weeks during June/July. So in total just over 9 weeks. I am currently employed as a dispenser in an pharmacy. As a result of my sickness HR have been informed and have contacted Bupa Wellness. I have received a form re: access to medical reports and I'm really not sure what to do. Is it best to give my consent for them to access medical reports or should I withhold consent? I am really worried about it all and just want to do the right thing.

I can tell you now given the information in the above you will almost certainly lose your position if you allow access, that being said refusing will also carry it's own problems, if you are a member of a uniion you should seek their advice immediately if not get some sound legal advice asap.
Are you sure you are safe working in this environment given your history? Are your problems resolved to the point you are comfortable with access to prescribed medications or non prescribed for that matter?
To be honest I don't think this forum is the right place for you to seek advice on such a matter given your position, you really do need professional advice rather than our lay advice if you see what I mean. The nature of your illness will cause your employer grave concern.

Sugar_Coated_Owl

Unfortunately I am not a member of a union. My social worker advised me to seek legal advice but I don't have a great deal of time. I received the form on 14th Jul. and my manager is saying I should decide ASAP and return it. HR have also called and want me to return it as quickly as possible.

I didn't mention in my first post that my employer is aware of 2 overdoses and know about the two admissions to psychiatric hospitals.

My psychiatrist has already told me that he will tell Bupa that I shouldn't be working in a pharmacy environment because of the ease of access to medication and also because of the knowledge of medicines that I have. This is why I am reluctant to give consent. However, if I don't give consent it still looks bad. It seems like a no-win situation.

Yeah I feel safe working in a pharmacy. I know myself that I would never ever take medication from work.

You're probably right in that this isn't the right place to be asking for advice but I'm just so confused and worried and have no-one that I can really ask for advice on what I should do.

ben500

Looking at this from your employers perspective I would be shocked to learn of the three additional incidents and verry very concerned that my continuing to employ you could eventually provide you with the means to bring about your own demise. I think you already realise for now at least you are in the wrong profession, I appreciate you must have worked very hard to attain your position but I feel you are aware of the danger your employment poses to both you and your employer.
Is there someone you can confide with if only to bounce a few ideas off and perhaps gain encouragement? Have you considered what other fields you may apply your experience and expertise without the exposure to risk? Is there perhaps another position you could opt for with your employer that would remove you from this precarious position but still apply your skill and experience?
Obviously I know little of your situation but I do sense from just your two posts thus far that you realise that even if your employers do not terminate your position it is no longer tenable for you personaly, perhaps I'm wrong but thats the impression I get, and I'd say in my honest opinion you would do well to remove yourself from this working environment at least temporarily.
I can't advise you strongly enough to seek professional advice if you wish to continue employment, if you are worried about funding it try approaching ACAS or TGWU the former should be able to point you towards help the latter despite the fact you are not an affiliate may still render some assistance. I take it this is not a small independant pharmacutical you are employed by and as such a greater emphasis will be put on the liability you pose given your recent frame of mind and the access your position provides to the means, this will most probably have them in a panic as I'm sure you are yourself, one suggestion would be to come clean and ask them for an option of a way out of employment with some kind of financial settlement for you in respect of your "going quietly" or perhaps some kind of unpaid sabbatical for you to get your thoughts together and settle yourself a little.

I'm rambling a little now but I hope some of the above will at least inspire you to find a way out of your dillema, I've seen your posts around and not paid much attention in the past, but I will in future as now you have given me a reason to do so, please if ever you feel that low again feel free to pm me I can call we can chat the world never ends when your talking.
Chin up

Voyager2002

You really need proper legal advice. One possible way to get it: check if your home insurance provides access to legal advice by telephone (many do).

Sugar_Coated_Owl

The sad thing is I do really like my job. This Sept. I will have worked for the company 6 years.

I can understand my employer being concerned about me but I really would never take any medication from work.

My manager thinks I should give consent. The area manager hasn't really said either way but reminded me that I had the right to withhold consent. 1 colleague and my social worker have advised me to seek legal advice before completing the form. I don't have anyone else whom I can confide in.

I don't think there is another job within the company that I have any experience in. I only know the retail side to a pharmacy and the dispensary (where I currently work). I really haven't thought about what I'd do if they decided to terminate my contract. TBH I'd be totally devastated.

From my POV I feel fine working in a pharmacy environment and would like to continue working in the dispensary.

No, it isn't a small company. It's probably one of the most well known.

I think you are right in that I should seek some professional advice. I will look into it ASAP. I have heard of ACAS, I will try approaching them.

Thank you for taking the time to reply. I really do appreciate it.

jobbingmusician

I think you might usefully consider yourself as having a disablity. I'm not an expert, but as an employer I would be looking to see if I could redeploy someone with a disability which prevented them from doing their original job (which is what your post boils down to, looked at from one angle). So if you like your company, you could ask for redeployment: stress that you would never take medication from work etc, but I think that argument is probably lost if your psychiatrist thinks you should move post. So I believe you should argue to the company that they have a duty to redeploy you, and that you are willing to re-train and be as flexible as possible.

All this is in addition to getting as much advice as you can from a variety of sources recommended above, of course.

Very best of luck - my thoughts are with you.

Larumbelle

I have also had a request for access to medical records from BUPA wellness. I spoke to my GP who wrote a 'potted history' of my condition (severe recurrent depression) for them, but she herself refused to pass the records themselves, telling them that it would not be in the interests of my condition for her to do so. I would say speak to your GP before doing anything else.

As it goes, the BUPA doctor I saw was incredibly helpful and supportive, and without doubt saved my job for me. So don't necessarily see it as the worst thing that could happen, they have a legal responsibility to do their best to help you as well as your employers.

Also, bear in mind that depression is a disability if you have suffered one or more 'attack' over a twelve month period. In this case, your company has the legal responsibility to make reasonable changes to accommodate your illness, or, as jobbingmusician says, redeploy you to a more suitable position if one is available.

My thoughts are with you, just like other peoples here are. What kind of support are you getting from the NHS?

Fleago

Hello Razorbladekisses,

This must be a very difficult time for you and it must be very frightening for you, concerned as you are for your job, which you love.

The first thing that springs to my mind is the whole business of "access to medical records" and what it means in your situation. The reason I'm saying this is that when an occupational physician contracted by my employer asks the employee for consent, it is not to the whole of the employee's medical records that they wish access, rather they are seeking consent to request a report from that employee's doctor/s, be it GP or Consultant. The report they will ask for will be to answer specific questions relating to that employee and how their condition may be expected to impact on work matters. The employee is then entitled to have copies of any reports sent by their doctors to the occupational physician. Perhaps you could clarify with your manager or HR exactly what BUPA Wellness intend to do with your consent, but I wouldn't be surprised if it is not as intrusive as you are thinking it will be.

Secondly, I agree with jobbingmusician and silvercharming; from what you have described of your condition, I would suspect that you will fall under the remit of the Disability Discrimination Act in terms of your employment. This will place your employers under the legal obligation to consider reasonable adjustments in order to help you sustain your employment. This may mean making adjustments to your current job or redeploying you to another position.

However, in order for your employer to best support you, I believe that it would be in your best interests to have their occupational health people involved and allow them to seek information from your medical practitioners. I know you've said you don't want to leave the role you're currently in, but if your Psychiatrist thinks it's in your interest to do so, perhaps it's worth taking on board this view and considering redeployment. Remember, it needn't be a "forever thing" and that in future when you are feeling well again you could apply for jobs like the one you are currently doing.

Of course, you are perfectly entitled to refuse to give your consent if you choose, but it will make it much harder for your employer to support you through this difficult time if they cannot get helpful medical advice about your situation and how best to help you.

I wish you the best of luck, and I really do hope that you get through this awful time and become well again.

Fleago

Sugar_Coated_Owl

Thank you all for the replies. I really appreciate you all taking the time to reply.

My area manager hasn't mentioned redeployment as yet. I think they are waiting for me to return the form before the process can continue. Perhaps once that is done it might be something that is mentioned.

silvercharming, I have an appointment with my GP on Friday morning so I think I will do as you suggested and speak to him about it all.

So far everyone at work has been fairly helpful towards me. Both my manager and area manager basically want to know if there is anything that they can do to help. The area manager reassured me that they don't want to get rid of me but they have a duty of care as an employer.

I have a social worker/CPN that I am currently seeing on a weekly basis. I also have regular appointments with my psychiatrist or his SHO and regular care meetings. I also have the crisis team if needed.

Fleago, your post has really put my mind at ease. I thought that by access to medical records it meant that they would contact my GP/Psychiatrist who would just print off everything about me etc. I realise now that isn't the case.

I think they want to know how best they can help me and I suppose by accessing medical records this will allow them to make any necessary adjustments etc.

I think from all the advice given I am now more likely to give consent.

Alexandria

I don't know if this is something that differs within employers but I know at my least managerial role we told staff the following regarding access to medical records.
They had the choice to decline or approve the request, if approval was given they then had further options. They could allow the report to be sent in direct to us without them seeing it, they could request to view copies or finally they could request the report be held for them to view and attach their own response to before it being sent.
The final option would be useful in your situation, you could review it and if you feel it needs an explanation or statement then you can attach this.