Unhappy about medical report request

[PotatoTomatoBurrito]

After some time off with mental health difficulties my boss is requesting a medical assessment to determine how fit I am to work. One of the questions listed is "How does it affect her life outside of work". AIBU to find that a deeply personal question and one I don't really want my GP answering? Due to both the nature of my illness (PTSD following rape) and the effects I have disclosed to the GP.

I’d imagine are asking to establish if you are likely to be covered by the Equality Act or not. The equality act definition is:
‘You’re disabled under the Equality Act 2010 if you have a physical or mental impairment that has a ‘substantial’ and ‘long-term’ negative effect on your ability to do normal daily activities. ‘Substantial’ is more than minor or trivial, eg it takes much longer than it usually would to complete a daily task like getting dressed’.

I think they will be trying to establish the Substantial element of this?

@oblada

Really all you need to do is make it clear (as it is your right anyway) that you want to review the report first and if you feel the information disclosed is too much then decline consent/ask for it to be redacted.

They haven't said I could see the report first or decline consent afterwards so I will ask about this. They asked a question about whether I would class as disabled under the equality act. As well as asking more info regarding medications, formal diagnosis, what services I've been referred onto, if length of absence was reasonable for diagnosis and what time off my diagnosis could cause me to have in the future. As well as asking specifics about my ability to carry out my role.

It's a reasonable question. because there are reasonable answers that might well affect your work, and your employer needs to know so they can ease you back in gently.

"PTB has trouble sleeping ."
" Her prescribed medicatation means she should not operate machinery or drive."

OP - you have the right to review the report first and they should make that clear as part of their legal duties.
Tbh from an HR point of view the question re impact outside of work is much more useful than asking a GP if the individual would be considered disabled as most GPs will not answer that, rightly so.

Can they sack me if I refuse consent? They made it seen like I didn't have a choice.

WFH I can’t see why they’d ask, be kind to yourself.

No they wouldn't sack you for refusing consent. They may ask for an occupational health report next.
If you refuse that too then they'll take the view (potentially) that you are not disabled/they don't need to make reasonable adjustments and treat your absence from work like a 'normal' absence from work i.e. potentially disciplinary action under the procedures in place. Dismissal could be an option if you have less than 2 yrs service but given the facts I'd consider that pretty risky from an HR point of view.
In your shoes I'd accept but review the report and take it from there xx

Just to add I haven’t got a clue but can see why you’re questioning it.

@oblada what is the difference between the GP letter they are asking for and an Occ Health review? There is no HR department were I work so I don't think they have access to this.

@user18467425798532 look at you pointing out the obvious, bless you.

Does your workplace use some form of outsourced HR consultants?
In terms of the differences betw GP and OH:
For the employer the GP report is cheaper so it is usual first step to see what it says and take it from there. The downside is GP aren't occupational health therapists and therefore for complex cases it is best to see the guidance of an OH professional. That OH report will be more detailed and centred around adjustments at work in more depth. But it will still cover the impact outside of work (without sensitive info if it can be avoided) as it is a necessary question as part of the assessment.
An OH assessment can be done face to face or over the phone.

Oh and your employer can pay for an OH report to be done by a relevant company, they don't have to have their own OH department.

I guess that question is there to pick up the person who can cope with a day at work but only because when they get home they have dinner and go straight to bed, or has to spend time on physio every evening, - which it might be useful for the employer to be aware of.
I suspect your doctor could leave that question blank or put "not relevant" if you want.

Would the OH person still contact my Gp for a report or are they separate things?

I think they are separate things tho in some cases it may be useful to have the input of the GP.
In both cases you have the right to review the report before it is disclosed though in practice it is easier to discuss tweaks with your GP I'd say.

Thank you

I really feel for you. Not only have you gone through something terrible, this intrusion into your private life must leave you feeling like you have no control at all.

@HollowTalk

I really feel for you. Not only have you gone through something terrible, this intrusion into your private life must leave you feeling like you have no control at all.

Yes this is exactly what it feels like. Thank you.

Is it a small or large company? How long have you been there?

I'd be inclined to think you have a manager whose panicking a bit and doesn't know what to do next, so they're asking everything they can to make sure they don't miss anything.

It's a little odd that you're back at work full time, no adjustments, before the report has been done. It's normally part of the return to work process.

You absolutely, 100% have the complete right to refuse the GP access and insist on the Occ. Health referral if they want answers. You have the right to refuse an Occ Health report. You have the right to have the referral, see the report 1st and then grant permission for data to be revealed.

You also have the right to know who at your employer is going to see the report, and - this is important - this needs to be as small a pool as possible and only those with clear need. I would expect the HR person managing your file to receive the report and then pass on recommendations to your line managers etc. I would not expect the whole HR dept (if you have one) and then everyone in your line of management to have full access to the data.

The report should concentrate on your condition now, and your fitness to work. The question 'outside of work' may matter, because if in, say, six weeks, you make a serious mistake, or are underperforming, knowing that you are still suffering outside of work will have an impact on what, if any, level of disciplinary or management to bring to that.

That doesn't mean they need to know everything that happened in detail. The answers to questions are likely to be more 'PTB suffered significant and serious repeat trauma both from the event and the consequences of this, and is now experiencing x, y, z as a result, ' rather than giving explicit detail.

They cannot sack you for refusing, but refusal does mean your lose the opportunity to make adjustments which might be to your benefit and they'd be able to 'ignore' it in the future instead of having to accomodate any ongoing issues.

I had something similar when I was ill with something else. They asked to see my medical records for my illness and also got occ health in touch with me. I sent in hospital letters, doctors letters everything I could. I ended up being off for 16 months in total for mine. I was told though that I could be possibly dismissed for not providing information.

I've worked there for 3 years it's a very small company. We don't have a HR department. The Operations Manager has requested the report. I would be happy I think with that level of answer. I just splurged my soul to the doctor and now feel embarrassed. I keep thinking of all the things that could come under that umbrella. Like needing my children to attend school and asking for the doctors support gaining vulnerable places for them etc. Would that count?

I really don't think your GP is going to disclose personal info like this, if they answer that question it'd be to the tune of 'yes substantial impact'.
Best bet is to ensure you review the report first anyway.
Your employer doesn't need to know the ins and outs of your life but they do need to understand if the condition is affecting you outside of work.