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Original poster

Work wanting access to medical records, can't sleep...

112 replies

SociableAutist · 24/08/2023 05:56

I'm currently signed off work due to autistic burnout. I'm trying my best to recover and get back to normal but am so stressed and worried by work that it's impeding my recovery.

Work now want access to my medical records. Thing is, this will be no use to them whatsoever. I was diagnosed with autism as an adult a few years ago, and there's nothing on my notes about it apart from the referral and diagnosis. There are, however, some deeply personal and private things in my record that I don't want my employer having access to.
What makes this worse is that I work for an individual, so it's not a separate HR department or anything.

My usual GP is on maternity leave. The others at the surgery don't know me, and there are no services or support for adult autism. There's no useful evidence or information in my medical records about this.

Things are so difficult and stressful in my life atm. I'm struggling to go on at all, and this is making it worse. I'm so upset that they won't let me recover and are just making things worse.

Can I refuse permission to access my records? Is this too much for them to ask?

OP posts:
hylian · 24/08/2023 06:01

I'm interested in what they mean when they say they want access to your medical records.

I would imagine that they probably just want some evidence that you have autism and that this means you sometimes struggle with stress/ burnout?

Can you go back to them and ask them why they want your medical records and what they are hoping to find out from this?

You definitely, under no circumstances, should have to release your entire medical history to your employer. That's not a reasonable thing for them to ask.

But it is reasonable for them to ask for some evidence of your medical condition and try to find out how they can support you to return.

What they should be doing really is getting you an occupational health assessment to talk about how they can support you.

headcheffer · 24/08/2023 06:02

Yes you can and should refuse access. Ask them exactly what they want.

greenacrylicpaint · 24/08/2023 06:02

your employer will not see your records at all.
occupational health, independent from your employer, will. and they will write a summary on issues that relates to your work situation only.

calmcoco · 24/08/2023 06:07

This ACAS page explains - it's a report not a release of the record. Please don't be afraid.

If your employer is not following this process ask them to.

The page is very helpful:

https://www.acas.org.uk/getting-a-doctors-report-about-an-employees-health

Megifer · 24/08/2023 06:22

Its reasonable for them to ask permission to obtain a GP report and they will only be given whats necessary and relevant. You can refuse but then the employer can only go off the info they have in terms of support and potential decision making.

GP reports are useless really though tbh, Occ Health far better if they are hoping to support a return to work but there might be budget constraints maybe?

How long have you been off and whats your absence record like?

WandaWonder · 24/08/2023 06:28

You must see that they can't pay you forever and keep you employed just on your say so, people can make anything they like up

Original poster
SociableAutist · 24/08/2023 06:47

greenacrylicpaint · 24/08/2023 06:02

your employer will not see your records at all.
occupational health, independent from your employer, will. and they will write a summary on issues that relates to your work situation only.

I work for one individual. There is no occupational health department.

OP posts:
Fbshe · 24/08/2023 06:48

WandaWonder · 24/08/2023 06:28

You must see that they can't pay you forever and keep you employed just on your say so, people can make anything they like up

But you must see that OP is a human with real emotions and unhelpful comments like that are pointless?

OP has nowhere said she wants to be paid forever. She’s burnt out and needs time to recover, they aren’t allowing this.

Megifer · 24/08/2023 06:53

There are occ health consultants employers can use, cost about £180-250 per consultation, they don't have to be in-house. Occ health might never see a GP report because they are, generally, accepted to be useless compared to OH report.

How long have you been off and whats your absence record generally?

Dontsparethehorses · 24/08/2023 06:56

Give permission for an occupational health professional to access your records- your employer and you can agree the questions that will be helpful and necessary for them to know in order to support your return to work?

DustyLee123 · 24/08/2023 06:57

Your employer does not get a copy of your medical notes to rifle through. It’s no different to a life insurance company contacting the GP, like they do when you take out a policy.
My DH had this and was told by his solicitor sister that it would look bad if he refused.

YoBeaches · 24/08/2023 07:00

Who exactly has asked for records OP - what have they said, is it on email!!

Casiotoad · 24/08/2023 07:05

If you don’t have an HR department perhaps they just worded the request badly, I’m sure they don’t want to see all your records!

some good advice on this thread, just make sure you are clear with your employer about providing this via the proper process and I’m sure it can remain amicable!

SilverGlitterBaubles · 24/08/2023 07:07

I doubt that this will be your entire record, just a summary and confirmation of you autism diagnosis in relation to your capacity to work.

PinkButtercups · 24/08/2023 07:10

They can't look through your records. They're private. Just give them a copy of your diagnosis of Autism and that's it. In no way can your employer go through your medical records and if they were attempted to that's illegal.

DaftyLass · 24/08/2023 07:13

They will want to know about your diagnosis, and perhaps what supports should be in place to have you back to worki

BeastOfBODMAS · 24/08/2023 07:15

WandaWonder · 24/08/2023 06:28

You must see that they can't pay you forever and keep you employed just on your say so, people can make anything they like up

I had an employer with that attitude it cost them a 5 figure discrimination payout Hmm

Burnout is most often caused by failure to make reasonable adjustments. I went from being successful in a professional role to unable to string a sentence together, after a forced switch to open plan working.

Its awful trying to fight your corner when you’re in the midst of burnout. Do you have a friend or family member who can advocate for you?
If it’s easier for you to process letters/email at the moment rather than in person conversation, do request this as an adjustment.

Original poster
SociableAutist · 24/08/2023 07:17

SilverGlitterBaubles · 24/08/2023 07:07

I doubt that this will be your entire record, just a summary and confirmation of you autism diagnosis in relation to your capacity to work.

How do I make sure that's the only stuff they have access to?

Also, my records don't contain what they want. My autism diagnosis, whilst obviously relevant to the current situation, isn't helpful on it's own. It doesn't explain what's happening now or a likely prognosis or anything. I'm also concerned about some of things I struggle with that was written as support for a benefits assessment (this is not the reason I don't want them to see my notes). Obviously it's out of date but also highlights all the worst stuff and would make me look totally incapable for my job. Even though I've been doing the job fine until this!

There doesn't really seem to be a way to evidence that I'm trying to recover from burnout. GPs don't know stuff about autism. There aren't services for adults.

OP posts:
Nowthenhere · 24/08/2023 07:17

Contact your practice manager at your gp surgery in writing and state that you do no consent for 3rd parties including your employer to access your medical records. Ask for this to put on your records so that any occupational team who are paid by your employer are not permitted to go ahead.

Email your employer and say no thank you. Provide them with a sick note and then job hunt.

PickledPurplePickle · 24/08/2023 07:19

Presumably you have a doctors note to cover the sickness

How long have you been off? Are work paying full pay or just SSP?

Original poster
SociableAutist · 24/08/2023 07:22

PickledPurplePickle · 24/08/2023 07:19

Presumably you have a doctors note to cover the sickness

How long have you been off? Are work paying full pay or just SSP?

I've been off for six weeks.
It's just SSP I'm getting.

I had felt like I was starting to recover (at the beginning I couldn't even talk properly or stay awake all day) but this is stressing me out and making it feel so hard to carry on.

OP posts:
Megifer · 24/08/2023 07:24

How long have you been off and whats your absence record like? Trying to work out how to help you, so e.g. if you've only been off 2 weeks and your record isn't bad then this is very heavy handed.

Regards to how to make sure that's all they access - GPs provide these reports daily for people/employers there are very strict rules they follow. They won't be providing info about an unconnected illness you had 2 years ago for e.g.

BeastOfBODMAS · 24/08/2023 07:25

@SociableAutist but your diagnosis alone IS helpful, because it proves that your current period of sickness falls under the Equalities Act and your employer needs to make reasonable adjustments to facilitate your return to work (and tread extremely carefully).
It won’t proscribe what those adjustments are, because they will be unique to the person and current circumstances. That is something you will need to negotiate when you feel strong enough, and where occ health comes in.

Megifer · 24/08/2023 07:25

Sorry x post.

Is this the first time you have been off for this reason? What's your absence record like generally would you say?

BeastOfBODMAS · 24/08/2023 07:26

Feel free to DM me I have been exactly where you are