Ill health retirement - really confused!

naynay

Can someone please offer advice. I am currently off from work and have been advised by my union, doctors and employer to try for Ill Health Retirement. At present I am collecting information from my doctors for my application. However my employers are requesting that all medical records / evidence as well as my application should be sent to them. There is a section that the employers have to complete regarding my absences but according to the pension company and my union the employers do not need medical records as my evidence is coming from my own doctors and not occupational health.

I am more than willing to send copies of my medical information to their occupational health but not to my employers. (I do not want my personal medical notes being read by staff at my place of work). They are receiving my sick notes with details of my illness.
T

Can someone please advise as to whether my employer would need my medical records if I have requested to send them straight to their OH? Also although their absence policy states I am entitled to 100 days on full pay and 100 days half pay the employers are now looking to sack me. I have been off since the end of January and have had a clear sick record, 12 days in 12 years since I starting work for them. I am covered by the Equality Act.

I'd be grateful for any help anyone can give about going through the process.
Thank You.

ohreally

naynay wrote: »

I am covered by the Equality Act.

Ultimately an employment tribunal would make that decision, your employers OH provider can offer their opinion to their client (your employer).

Be very wary of agreeing to your employer accessing your medical records as they may end up with your entire records if that is how their request is worded and you have provided consent.

If the employer is to access records, and I'm not clear why they want them, then ensure any request is sent through the OH provider. I'd suggest you copy in your trade union rep into all correspondence. Perhaps put this on your GP's radar and ask him/ her to keep you appraised of and requests landing in their in-box.

Are your pension administrators aware of these events?

Undervalued

naynay wrote: »

Can someone please offer advice. I am currently off from work and have been advised by my union, doctors and employer to try for Ill Health Retirement. At present I am collecting information from my doctors for my application. However my employers are requesting that all medical records / evidence as well as my application should be sent to them. There is a section that the employers have to complete regarding my absences but according to the pension company and my union the employers do not need medical records as my evidence is coming from my own doctors and not occupational health.

I am more than willing to send copies of my medical information to their occupational health but not to my employers. (I do not want my personal medical notes being read by staff at my place of work). They are receiving my sick notes with details of my illness.
T

Can someone please advise as to whether my employer would need my medical records if I have requested to send them straight to their OH? Also although their absence policy states I am entitled to 100 days on full pay and 100 days half pay the employers are now looking to sack me. I have been off since the end of January and have had a clear sick record, 12 days in 12 years since I starting work for them. I am covered by the Equality Act.

I'd be grateful for any help anyone can give about going through the process.
Thank You.

Regarding the part I have highlighted....

Do you have a hard and fast contractual entitlement to the sick pay you mention or is it in any way discretionary? The vast majority, but not all, sick pay schemes are discretionary.

If yours is one of the minority, then the firm have little to gain by dismissing you before the sick pay runs out as they would still be obliged to pay it. There is case law to support this.

You don't give any information from which to judge whether you are covered by the equality act. It would depend to some extent on the nature of your illness / disability. In any case, even if you are, it only requires them to make reasonable adjustments. If that is not possible or uneconomic they can still terminate your employment.

You employer isn't entitled to your "medical records" as such. What they can request is a report from your doctor. Obviously this would need your permission and you would have a right to see it in advance of it being sent.

naynay

Thank you OR.

The request for my medical notes came in letter form and was answered by my union rep telling my employer that I would be happy to forward all medical records to their OH. They have since written threatening to sack me following their policy which gives them 10 days after a meeting to dismiss me. I am expecting a meeting letter in the next week. My union do not seem to bothered about this and have said not to worry until I get the letter!

I phoned the pension company who said that often the OH officers would complete the medical data but in my case the employers did not need to do this as the medical evidence for IHR is being supplied directly with my application to them by my doctors (through me).

I am not going to agree in any shape or form to the employers having access to my private medical records. (Sounds awful but I know how nothing is sacred in my work place and my records would be gossip by tea time).

I just really know that I need to find out what should or should not be happening.

naynay

Undervalued - I have known for a number of years my illness and disability are covered by the EA, as are my employers. Unfortunately my illness is now preventing me from doing my job and my employers have stated at a meeting that they would not be looking to re-employ be in another position as in EA adjustments. I am work for the government and on tier 1 I believe I can still be employed but just not in my current capacity. Of course this tier is under the direction of the pension company.

Can you please tell me why my employers would need my medical notes/letter or similar. They may be something I, my union and the pension company is missing.

Undervalued

naynay wrote: »

Can you please tell me why my employers would need my medical notes/letter or similar. They may be something I, my union and the pension company is missing.

Briefly, maybe to say they have assessed your capability for alternative roles?

They can of course ask for what they like. That doesn't mean they have a right to it but I would think long and hard and get good professional advice before refusing.

naynay

Thank you UV.

They have not made clear why they do need them, only said to complete my IHR forms, even when I asked outright.

I do not think they have assessed my capability for further roles. Of course they could have done this without my knowledge but based on what evidence I do not know. They have got a job advertised at present a role which I could do and would love to do. If they wanted medical evidence for other roles I presume rightly or wrongly that their OH would be the best person to advise them as to what my health would allow. In short I have a physical role and would need a desk type role.

ohreally

Are there alternative roles within the organisation which may be suitable for you?

Undervalued

ohreally wrote: »

Are there alternative roles within the organisation which may be suitable for you?

Well the OP has already said that in his / her opinion there are. That is why I feel the OP would be unwise to deny them access to medical evidence that would allow them to assess their capability.

naynay

Yes, there are a few jobs that are suitable for my skills and qualifications where my illness should not be an issue. The pay for these are far lower than my current role but with a tier 1 retirement I should be able to cope (should it be granted) and would be better for me mentally than staying at home.

naynay

Should my medical evidence go to the employers or their OH?