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Occupational Health Refferal

Is consenting to a refferal to occupational health mean consenting to release of medical records? 

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Comments

  • It can do, yes, but you should be given the explicit option to agree or refuse to release that information. You need to ask yourself why refusing to release it would be in your best interests.
  • elsien
    elsien Posts: 35,536 Forumite
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    You also have the right to see the GP report before it is sent to occupational health.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • Nelliegrace
    Nelliegrace Posts: 961 Forumite
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    From my experience, you need to give written consent for each Consultant and your for GP to give relevant information, and you get the option to see that information. It can all take a long time. 
  • TELLIT01
    TELLIT01 Posts: 17,796 Forumite
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    I had an OH referral at work and there was no request to access my medical records.  On that basis I'm assuming they aren't requested in all cases.
  • elsien
    elsien Posts: 35,536 Forumite
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    edited 14 May 2023 at 10:32AM
    I *think*, (but stand to be corrected ) that you can also confirm which information you are happy to be shared. So you can agree to sharing of information about your bad leg, but not mental health (for example depending on the relevance of the referral to occupational health in the first place.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • elsien said:
    I *think*, (but stand to be corrected ) that you can also confirm which information you are happy to be shared. So you can agree to sharing of information about your bad leg, but not mental health (for example depending on the relevance of the referral to occupational health in the first place.
    Yes, that's my understanding too.
  • pope
    pope Posts: 310 Forumite
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    When my employer asked me refferal to OH I consented. But after reading about it OH may ask me for release of medical records. Which I am not going to be confortable with I understand that I can ask only the relevant notes or some of them to be released to OH. But i still don't feel confortable with it. In my opinion I have been supplying sicknotes from my GP and still am. The employer has called me in to work for welfare meetings 9 times and I have been compliant with them. I am waiting surgery and this is what I have told my employer untill my surgery is done and of course I have recovered I can't return to work.

    I have read online about employer dissmissing employee due to not consenting to OH. And if not that on I'll health capability grounds. I have also read definitions about disability which I do feel I do come under the equality act as disabled. 

    My question is that can a employer actually dissmiss me when I come under the disability aquality act in regards to reasnable adjustments I don't think there are any I have been employed by them for 20 years now.?
  • elsien
    elsien Posts: 35,536 Forumite
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    edited 14 May 2023 at 12:18PM
    A long term illness/ disability does not prevent you from being eventually dismissed on capability grounds, once all options have been exhausted. The employer just has to be more careful to evidence that they have tried everything that they can reasonably do.

    So yes if there aren’t any reasonable adjustments that can be made, they can dismiss you.
    And that may be reasonable in their eyes and not in yours. So is where the occupational health report comes in. 

    If your doctor’s/consultant’s  report is going to confirm everything that you are saying, I don’t see why you wouldn’t share that. You have nothing to lose and you also demonstrate that you are doing your best to get back into work as well. 


    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • BrassicWoman
    BrassicWoman Posts: 3,217 Forumite
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    If there are no adjustments which could be reasonably made to enable you to do your job (or another job) then yes, they could dismiss. 
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  • Nelliegrace
    Nelliegrace Posts: 961 Forumite
    Seventh Anniversary 500 Posts Name Dropper Combo Breaker
    NHS Occupational Health were outstanding at helping me get back to work again and again, offering help and support, liaising with managers, and eventually supporting my early retirement on health grounds. 
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