NHS manager- can they do this?

[TableTabler]

Just had a phone call from my GP. My manager has bypassed occupational health and emailed my GP to check my 'sick notes are valid and the dates are correct and not doctored'

I've been off work since Feb because of cancer.

My immediate response was 'how fucking dare she do this!' I'm going to call unison tomorrow and ask them but can she even do this?

I'm so angry

I retired as a NHS manager two years ago. As far as I remember all requests for medical information from your GP go via Occupational health and you have to sign to agree to the occupational health team having them, definitely not directly to the manager.

This is not ok!

My experience is that some NHS managers are fucking clueless about employment law, and data protection. And a smaller number are evil bullying gits. This is shocking. And cancer is covered under disability discrimination, which makes this particularly stupid. I hope your GP practice had the wit not to release information to which your manager had no right. Definitely call your union!

She isn't allowed to do that. Occupational Health can ask for them, but don't tend to that often.

Absolutely 💯 not following policy. They cannot access your records without your consent and they have to go through HR, Occ Health and then Occ Health contacts your GP if - and only if - needed. Usually there is a long process before that point.

Are you in a union? Would be a good time to join. Sounds like your manager is a liability

Don’t you have to agree to this first? His can an NHS manager not know this?

@TableTabler your immediate response is spot on. I'd be advising a grievance. I hope your GP surgery told them where to go.

Shocking behaviour.

A colleague once had to make an appointment with a consultant during school hours and the head called outrageously called the doctor to try and change it. She was given very short thrift, and told never to call them again.

I hope your GP practice did the same to your manager

I was so shocked when she read out my managers name as I thought it would be occupational health but nope!

She emailed on Friday and then when my GP hadn't responded by Tuesday she sent an even ruder email.

I'm so angry! How dare she!

I work in HR for the NHS.
Employers are allowed to verify doctor's notes. The practice will either say "yes this is the note we issued" or "this note does not match our records" and nothing beyond that. But yes, they are allowed to verify.

That's grievance territory. When we have an employee with cancer situation going on where I am, and everything possible is done to ensure confidentiality so that only those who need to know actually know.

No, this is not allowed.
Occi health can ask for information from your gp, and they can then only share it fully with your manager with your consent. However, if you are relying on that information to support why you have been off, and you refuse to consent, the manager can make a discretionary decision, so its generally better to consent. But you can give limited consent, such as 'my manager can be told my hospital appointment dates but not the reasons'

This is allowed, it’s a verification policy, they can only advise yes, these record are correct or no this is not what our record show , nothing beyond that.

By employers do you mean HR, OH or a line manager?

I think I'm going to let unison have at it tomorrow!

Could be HR or a Manager. The practice will only verify whether the note was issued by them. They won't give any detail other beyond what is on the note.
To add though, they should be able to evidence that they have some reason for wanting to verify the note in the first place.

It sounds from HR PP that they are entitled to make this request to your GP. However I would be very interested in why they felt the need and who initiated? It may be a standard policy? I had 16 weeks off with cancer a couple of years ago and work for the NHS. They were generally complete shitbags, but to the best of my knowledge didn't check up on my sick notes. Hope you're doing alright 💐

Yes, they should be able to explain why. If it came to my attention that a Line Manager had requested this I would be seeking clarification as to why, and really I would have expected them to bring the concern to me and for me to make the verification request.

This happened to someone I used to work with (also NHS). She went nuclear and quite rightly! She put in a grievance saying that she felt harrassed and it added to the stress of being unwell. She made the good point of - we have policies for this kind of thing and if there was any issue over the sick note she had option to get HR to verify it. Instead she contacted the GP surgery herself and tried to excert private information out of them. Why did she do that if not to be hostile?