I'm really not being, no. Is this even legal?!

[Peedoffy]

Name change as this is pretty identifying but am a long standing member here (though have never started my own AIBU thread before!)

I'm an NHS physiotherapist and my sickness record up till now has been flawless (No days off since I started this job over a year ago) but was off for almost 3 weeks at the end of last month/ beginning of this month with pneumonia. Really quite unwell, needed hospital admission, iv fluids etc.

Anyway, I've been back at work now for a couple of weeks and nothing has been said but today I was called into my managers office for a 'chat' and there were 2 senior managers there who informed me that they had called me in to ask me about my time off sick as they had looked on the computer and seen I hadn't been for a chest x ray at all (I told them I had when I rang in sick hence the diagnosis). Due to the nature of our work we obviously have access to the x ray images stored in the system. Now, the reason my xray wasn't there was because I had it done at a private hospital and once I explained this all was well and they laughed a bit etc and said they were worried about calling me in.

I just accepted it and went back to work. But since getting home I've realised... WTF??! Surely they can't go around checking up on people like that, what about patient confidentiality? They had no reason to suspect I was lying but surely this can't be a standard thing to do if someone is off sick? Plus, I'm sure by law I don't have to tell them what's actually wrong with me do I, just that I'm sick so what if I'd had a miscarriage/ ectopic or something and made up the pneumonia thing as a fake reason to be off? I'm so annoyed with them I can't sleep!

No, I don't think they should have looked at your patient records.

Did you have to get a note from your GP for that length of sickness?

Er,yes...I would have thought pulling your records without permission is wrong...isn't it?

I don't know much about employment law but this seems extremely off.

I would be mad.

at that! Surely that is some sort of data protection breach?

I am assuming they looked at the records for who went in for an X-ray when you said you had yours, rather than actually at your medical records?

Yes, I think you're supposed to take a note in but I didn't Only because my GP charges £25 for one. No one asked for one though so I just filled out a self certification. If they had said they needed one I'd have paid it obviously but no one ever mentioned it and i just handed in the self signed one.

OK, so you followed internal procedure.

They are doubly unreasonable then!

Oh my word!

Bang out of order!! They have no right to check your medical records! I would be furious!

What if there was something on it that you didn't want them to see?

I would take this further. That is terrible. I'm still in shock.

shockedmum you can't search that way (timing) tbh, they would have had to search my name and any x ray I've had would show up on the system. That search wouldn't show up my actual admission/ outpatient history though, just images. Although we do actually have access to pt records on a different database also so I'm thinking I wouldn't put it last them to have looked those up as well

Your employers were bang out of order OP. I am slightly gobby so would point out that they have actually committed a crime.

Raise a grievance against your employers on this matter and state the distress and harm it has caused, and the change in your working environment due to your sickness. and look through your contract of employment to know the process and procedure. Your need to document everything. Good luck.

In that case I would be fucking furious. How stupid to tell you they had done it as well.
One of my dads ex girlfriends from 20years ago works in admin in the nhs and when she bumped into my sister (having not seen her for donkeys years) she commiserated to her about something on her private medical records. When questioned she just said "oh I look up people I know when I am bored"
How many people do you get through before you get to the adult children of a boyfriend from two decades ago ffs.
I would take this all the way. Furious on your behalf.

I will phone my union tomorrow for advice but tbh I'm just annoyed more than anything. I usually get along with my senior colleagues so it doesn't feel like bullying etc and I'm unsure about what I would want to achieve if I put in a formal complaint. I'm really angry but not sure what could be achieved realistically. I guess they'd not mention looking at records to anyone again but that doesn't mean they wouldn't do it. And in fact that may be worse as if they'd just looked at mine and thought me to be a liar without giving me the chance to clarify why my x ray wasn't on there they'd always be suspicious of me

I am gob smacked.

They have no right looking at your medical records.

Contact unison and seek advice or acas

I have worked for the NHS for many years and confidentiality to include the Caldicott Guardian is drilled into us. I'm still absolutely shocked they have done this.

I would incident report it first thing tomorrow. This is surely a disciplinary matter!

I work for the NHS & looking up your OWN xrays is not allowed; let alone other peoples'!!! Can't believe how unprofessional they've been - I would definitely complain. In fact i'm sure it's a sackable offence.

YY sackable offence.

I wouldn't let this go OP. They have no right and it is incredibly unprofessional.

I'm so angry for you!!

I had to fill in and sign a form, with witnesses, to get a copy of my own x-rays recently so I'd be very surprised if it is legally ok to look up an employee's images.

If they'd had concerns, they should have raised them directly with you, shouldn't they?

I would be furious too.

I'm pretty sure you can only self certify for a week. You should be able to get a note from the hospital where you were admitted.
They also shouldn't have checked your records. I would check your HR guidance re self certification though as you may have fallen foul of the procedures.

Sounds completely out of order to me.

However, I think you do have to get a fit note after 7 calendar days, and I don't think your GP can charge for this. (They can charge if you want a fit note before this.) I also think that employers have the right to ask for detail of medical treatment that you have had, if you've been off for a certain period, so I don't think lying about your illness would be acceptable - you can't just say it's pneumonia because you don't fancy telling them you've had a miscarriage!

Definitely not on. I would contact HR as well as your union.

You're right, you can officially only self certify for a week but I thought I'd just hand one in anyway and no one said anything asking for one. That was silly. But I'd have expected them to just ask for one if they needed it, naive on my part presumably. I've never been off sick longer than a day or two on my whole career so whilst its policy I wasn't sure if it'd be implemented iyswim and thought I'd save myself £25

I don't have a hospital note exactly but I do have a discharge summary including the dates I stayed in hospital/ treatment received etc.

They have absolutely no right to access your private (or otherwise) health records without your say so. They've made idiots of themselves and they know it by the sound of things.

Tell HR and the union. grrr.

Hmm interesting about the sick notes. My GP has a notice up saying if you require a sick note you don't need an appt you just need to speak to reception and fill out details and come and collect it at a later date (and that the charge is £25). My GP surgery do seem to charge for everything though!

You can only self cert for up to seven days, so you should have had a drs note/fit note for after that.

But even so, they totally overstepped the mark in looking you up - you do need to take this further by going to HR.