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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:
Maryjaneslastdance · 25/08/2023 11:18

calmcoco · 24/08/2023 23:39

At the start of the thread I linked to the acas process for requesting medical reports, that's all the employer can do WRT medical info at this stage.

Your post asked 'what you'd do in the employer's shoes' - I'd follow the contract I had with my employee. Do you know what the contract says? I don't. I may have missed an update about that.

Again. you didn't. You answered as a politician would, you quoted the rule book. As I said before. Your reluctance to answer directly speaks volumes.

I have no wish to ride this merry go round with you any further. You have a great day.

Roco11 · 25/08/2023 20:23

Refuse access, your GP Practice will need your explicit consent to release anything.
Your employer, with your consent, can write to your GP with specific questions about your diagnosis which your GP may answer for a fee. You can request to read the response before it is sent to your emoyer.
Alternatively your employer can pay for an Occupational Health referral / assessment.

calmcoco · 25/08/2023 20:29

Maryjaneslastdance · 25/08/2023 11:18

Again. you didn't. You answered as a politician would, you quoted the rule book. As I said before. Your reluctance to answer directly speaks volumes.

I have no wish to ride this merry go round with you any further. You have a great day.

I'm not reluctant to answer, I just think differently to you and that seemed to make you angry.

I don't feel it is necessary for you to get so personal about this matter.

I wish you good day too, of course.

mistermagpie · 25/08/2023 20:31

I've got a three year driving licence for medical reasons. The DVLA contacted my GP and consultant for reports on my condition and medication etc but weren't given a free pass to my entire medical history. The report was specific to the one condition.

I'm assuming this will be the same, but you can check with your GP practice manager if you are concerned. Quite honestly it's a complete palaver to even get to look at your own medical records, they don't let just anyone have a flick through them. Your employer will be asking for them to confirm the diagnosis of autism and this current one of burn out, I doubt there will be any other information they are allowed.

timesaretight · 25/08/2023 21:23

Fuck them off.

Missingpop · 25/08/2023 21:27

Your GP/Drs practice will only provide information on the subject your employer asks for; they will not be given access to you like time medical history & they will only be given a brief explanation of your condition; it might be a good idea for you to contact the GP practice & ask to speak to someone about it there’s usually a practice manager who will be able to guider you through the process. Also if you do agree there is the option that you can read the report before it is sent to your employer & if your not happy with the contents you can ask for it to be altered; so really your control what they see.
Don't stress to much about it; I’ve read a few of the reports & the information is usually so vague it wasn’t really worth writing it x

Platypuslover · 26/08/2023 01:18

It’s highly illegal to ask for those. Just say they have no right to your medical records but will happily provide a Doctors note.

Puzzledandpissedoff · 26/08/2023 12:54

It’s highly illegal to ask for those

It would be, if they had - but it's not at all clear that's what's happened

It sounds to me as if the employer (reasonably enough) just wants some clarity on where this is going, and that all OP wants is to be left alone entirely to focus on recovery with no idea of timescales involved ... and that's simply not realistic

Banditqueen12 · 26/08/2023 13:05

timesaretight · 25/08/2023 21:23

Fuck them off.

Fantastic advice. That'll be the fast route to dismissal.

JanieEyre · 26/08/2023 13:10

But I am also concerned that what my employer wants to know will not be covered by the report. A GP will only know what I tell them and what they can Google!

Why is that a concern for you, OP? The GP can only answer what he has the required information to answer, they can simply tell your employer that they are unable to tell them more. Then it's up to your employer what they want to do next - probably a referral to an occupational health assessor to whom you can explain things fully.

You really need to stop overthinking this and let it happen. Your employer is entitled to some sort of information to let them judge how long you may be absent for.

JanieEyre · 26/08/2023 13:12

Platypuslover · 26/08/2023 01:18

It’s highly illegal to ask for those. Just say they have no right to your medical records but will happily provide a Doctors note.

People have the weirdest ideas about data protection and confidentiality. Of course it's not illegal to ask. It would be illegal for the doctor to comply without permission, but that's another issue.

Plus, as it turns out, that isn't actually what the employers are asking for.

T1Dmama · 27/08/2023 08:44

I would get a doctors appointment and discuss this with your doctor .. ask for a written letter stating that you were diagnosed on X date with Autism, it should state that you are suffering with Autistic burnout and are signed off for X amount of weeks. You need to then scan and email a copy to your employer stating that this is the only relevant information in your medical history and that you would appreciate if they would make reasonable adjustments as stated in the equality laws 2010, and state that for you part of that reasonable adjustment would be to please have a couple of weeks where you can simply rest and recuperate, as these emails have stressed you out and set you back.
I would also state that you will be stepping away from your phone/email as is counter productive to your recovery and then do so. (See if you can set up an out of office type response to emails… simply stating you are unwell and not checking emails/taking calls currently. Do the same on your phone, an answer machine message stating you are not currently taking calls.

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