Why have HR asked me this and can I say no?

[Hrrrrhr]

I started some medication recently. A side effect is drowsiness and on those occasions not driving. It’s supposed to settle over 8 weeks. I’ve therefore asked my employer whether I can work from home during this time. My job can completely be done from home and often is. I’ve been there a long time. They’re asking me if they can contact my gp and ask my gp a number of questions instead of going through occupational health as occupational health can take much longer (ie beyond the time I’m asking for to have the adjustment anyway). I’m not comfortable having direct questions sent to my gp as I’ve never heard of this before. I would prefer occupational health. Can anyone explain my rights? Thank you

can't you ask your GP for a sick note (well a sick note of some sorts), similar "fit to fly" note? that should cover it. employers cannot ask for reasons for sickness - but as you are not "sick" and want to wfh, they do have an obligation the make sure you can safely do so (like ergonomic set up etc). so.....all on all I guess what I'm concluding is, it's an OH issue, not a GP issue.

They’re called fit notes now. Not only do they sign you off sick, they also sign you back at work subject to conditions. There’s options to put altered work conditions on them due to disability/illness etc.

OP before giving them permission to contact your GP I would be asking why they are doing so. If they’re asking your GP for anything beyond confirmation of the medication and its effects, and actually wanting to know what you’re being treated for, they’re breaking the law.

Under the Equality Act 2010 anyone with a disability or health condition isn’t obligated to disclose it to an employer, and the employer isn’t entitled to ask - even if it’s clearly in evidence. If they’re asking for proof of the medication surely all you have to do is either show them the prescription or the tablet box along with the patient information leaflet.

if you do have a condition that may qualify as a disability under the Act (permanent or likely to last at least 12 months, and having a significant effect on your day to day life) then you could choose to disclose it and ask for reasonable adjustment if appropriate - which could include working from home due to the effects of medication.

Eh? Massive intrusion? No? Why can't they just request a letter from the GP?

I take morphine and not happy to drive on it but am capable of working

I think it's probably worth pointing out that the information your employer can request from your GP only relates to the health issue in question. It isn't giving carte blanche to release your entire record. As previously mentioned, you can ask to see the questions and it would be a good idea to ask to see the answers before they are returned to confirm you are happy with them.

In my own organisation, we are having issues with staff asking/expecting to work from home for the flimsiest of reasons and have had to tighten up our approach. It could be that your workplace is in a similar situation OP and you are affected by people taking the piss.

This. simple and cannot be argued with.

As you have been there so long and presumably are a good employee as well as the fact the job can be done 100% from home, this seems heavy handed but rise above that at this stage.

Get a fit note stating you need to WFH for the period, send them that and anything after that is def overstepping.

If they insist on questioning your GP, ask to see the questions set before you give blanket consent.

My previous employer wanted to physically examine me after having pelvic orthopaedic surgery via a surgical approach through my buttock and also demanded access to my GP records so nothing these tossers come up with surprises me. I refused both obviously. I had to get my union involved to get him to back down. I also got compensation for the way I was treated. Absolutely insane.

Is someone paying the GP for this as it's not within their remit.

If OP hasn’t declared a health condition they have no right to ask her GP about it. So any enquiry beyond confirmation that she’s taking the tablets, and their effects, would fall foul of the Equality Act 2010. All OP has asked for is a few weeks WFH while the meds kick in - if she hasn’t declared the condition she’s taking them for, that’s her decision and the employer can’t directly ask OP, her GP or anyone else.

To be eligible for reasonable adjustment under the Act, the disability or health condition would have to be permanent or likely to last 12 months or more and be ‘substantial’. What OP is asking for will only last 8 weeks and unless she declares disability as above it wouldn’t fall under reasonable adjustment.

@howaboutchocolate it may not be a big ask but it's probably the way the request is worded.

Lots of medications have drowsiness as a side effect but that doesn't mean you'll actually feel drowsy or that you'll be unsafe to drive for eight weeks.

OP would probably have been better off asking if she could see how she felt day by day, or even week by week. Asking for two months at home straight off the bat is a bit of a piss take, really.

OK but in that case they have no obligation to accomodate her request. I think it's entirely reasonable that if OP wants workplace adjustments due to a temporary health condition her employer can find out more in order to decide how to manage it. The alternative is - they say no, she has to come in to work and she then either sucks it up or goes off sick.

One of my my jobs have asked for access to medical records/gp. I agreed, until stuff happened in work and the whole office were pulled into HR. I was asked about medication I wasn’t even on anymore and was on when on long term sick and a guy assisting HR who worked in IT asked very invasive questions. One being if I shared my antidepressants with anyone and why I was on them. After that, I raised a grievance and revoked any permission for access.

I definitely don’t recommend it.

I’d decline, but get a doctor’s letter stating that due to commencing new medication you may experience side effects and that, if this is so, they would ask them to work with you in the short term to support you adjusting to it. This may be working from home for the first few weeks.

The letter can state that the nature of the illness and medication is confidential but there are no long term implications for the employer that might require HR/Occupational Therapy input as this is a short term adjustment.

If you are asking them to make accommodations then they have a right to check whether there are any issues that would make them liable, so it’s fair enough for them to ask. However, if you feel this is something that is temporary/new medication related and should be handled confidentially, then that should be okay too.

Occupational health can take time and if yoy need the time off now they have offered a solution. They need to cover their backs for insurance as well, they can't have you working and then collapsing for example. Either get the dr to sign you off for two weeks or maybe you can ask to see the questions they will ask the GP before rhey send it. It sounds like you probably need to get signed off and maybe this is what HR are dltrying to determine. I would be asking my employee to take time off if they are drowsy from meds tbh, for their own mental and physical health and to ensure we are not liable for making the work when they are unfit.

It’s a tricky one to comment on without more information. Many many medicines include drowsiness as a side effect and if every person who was taking these meds had 8 weeks WFH or off sick (the alternative if you can’t WFH?) the work force would collapse.

It’s also a tricky one for your GP, because unless your job involves driving eg you are a taxi driver/delivery person etc then I don’t think it is reasonable for your GP to do a fit note because it is not impacting your ability to work, you just need to find an alternative way to commute. If I were your GP, or your boss, I’d be suggesting bus/train/taxi/uber/lift share.

realise the above does not really answer your question. No you don’t have to give them permission, also they don’t have to ok WFH. Your GP will charge a fee.

I agree. But the law says it’s down to the disabled person to disclose a disability. OP has opened the door by disclosing she is taking medication and wants short term adjustment for that. Legally the employer can refuse. If she then declares a health condition which meets the definition of disability under the Act, the employer has an obligation to seek reasonable adjustment to accommodate that disability. If it doesn’t - they can still refuse. What the employer cannot do is sidestep the law by writing to the GP to ask about the condition being treated if OP hasn’t disclosed it. OP can disclose by way of giving permission to the employer to write to her GP, or indeed any other HCP involved, but the employer has to be clear that she is giving her permission for her condition to be disclosed, and not just the details of the medication.

It’s the definition that matters here, and also what the employer considers reasonable. Even if OP were to disclose a qualifying disability, if WFH is difficult to accommodate operationally then the employer could still refuse on the grounds that it’s not reasonable to grant it on the off chance that OP might feel too drowsy at times.

What it comes down to in the end is put very succinctly in the notes on the application of the Act. If the person is not willing to disclose the disability then they cannot expect the employer to provide reasonable adjustment. It’s up to the OP to disclose what’s going on to the employer and if her condition meets the definition of disability then she can ask for reasonable adjustment with the full protection of the law behind her.

I have no idea about your rights as an employee but as it’s your employers that want the information I would expect them to get it from whoever provides their Occupational Health Service. In my GP’s surgery there is a clearly displayed list of charges for reports etc so I’d be surprised if your GP provided them with information they are requesting free of charge, even if you agreed to him/her doing so,

Assuming you haven’t given your employers precise details of the medication you’ve been prescribed, I’m not surprised they want more information. Lots of medications list possible drowsiness as a side effect and this doesn’t prevent people from driving into work. As someone upthread mentioned your employers could well be worried that the medication might prevent you from doing your job properly, so the fact that they are asking for more information may well be a good thing.

Many moons ago, more than 20 years, we had an employee on long term sick. There was a form on the government website which the employee completed and signed. We then sent a letter, together with the form, asking for the sickness details.
In this case we were able to give the employee notice because we were told they'd be off for at least an additional year. We are a tiny company (at the time they were our only employee) so couldn't afford to employ them and arrange for sick cover.
8 weeks seems unreasonable to me, not to allow a reasonable adjustment, as an employer of office based staff.

I had this when I broke my ankle several years ago. It's just so they can check you're not taking the mick. I was initially offended, but know how it is. So many dead legs out there.

Why can't you get public transport, a taxi or a lift to work?

The law has changed considerably. The Equality Act 2010 defines disability and how it’s legally accommodated in the workplace. You can’t just sack someone for being off sick any more because there are various accommodations to allow return to work.

Things can change with employers.
I was at the same place for 3 years, only time off sick was when I was hospitalised during early pregnancy. All other times I'd worked from home if sick.
Really good relationship with my boss and I had mooted the idea of flexibility after I went back from maternity leave, to which he had informally agreed.
When I went back, they involved HR, formal meetings, original application for flexibility was denied. Ended up with a compromise when my husband was allowed to work flexibly too and we made it work between us.
6 months after going back, with no warning I was informed that my job was being made redundant and another role created, which I didn't seem to be suitable for.
I'd go off sick due to not being able to drive. If your job can be done remotely, and presumably it worked out during lockdown?, then it should be doable now too.