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

As an example for me

I couldn't afford a taxi twice a day to work 5 days a week
Public transport would take over 2.5hrs to travel the 5 miles so I would have to set off at 4.30am - except I couldn't because there is no transport at that time
Work slightly different hours so couldn't rely on lifts

The distinction here is the permission they’re seeking from OP. If it’s just concerning the medication, that’s fine. But if they intend to write to the GP to ask about the condition being treated then they have to be specific and clear that that is what she’s consenting to.

If you’ve already started the meds, are you feeling drowsy? It isn’t necessarily a ‘don’t drive’ instruction, but to be a responsible driver, and so if it doesn’t make you drowsy you could go in? Can you ask work to see how you go after 2 weeks WFH and if it affects you, or to pay for Taxis to work in case you’re not up to driving?

Some employers do ask for GP report as opposed to OH. They do need your consent though. So if you don’t want to give consent to GP but will to OH, tell them that.

I’m surprised at the reason they have given though OH is usually quicker to arrange than waiting for a GP report

That's not to say they'd want to know the impact of the medication on her job.

Hypothetically, OP is saying she's not fit to come into work and her employer has the right to better understand the situation and potential risks, if any.

It's not just about trust, it's also about fairness to the others employees, who could also be on "drowsiness" meds, either now or in future.

Her employer might not want her to work at all if the meds are so strong they may impair her decision making.

If OP costs the company a big contract/client by negligence, she could easily say, well I told you about my drowsiness and you allowed me to work still.

Companies, especially small businesses have a right to cover themselves.

Trust goes both ways, if OP doesn't trust the company /procedure then she can find a job that doesn't question 8 weeks drowsiness.

You’ve answered your own question in your first post. They can go the OH route but you say it will take longer than the 8 weeks to be seen therefore how can OH say that working from home for 8 weeks is a necessity or not once the 8 weeks have already passed?

or just find an alternative route to work. Plenty of people take trains and busses but if you’re feeling drowsy enough not to be able to drive how are you going to work? Your either fit to work or your not!

Also, you can still get to work via the medium of public transport, a taxi or walking. I'm guessing work is winding what it is that stops you showing up. If you can't drive you find another method.
Since covid bosses are cracking down on stuff like this.

I would speak to your gp and ask for a fit note stating that you may be fit for work if there reasonable adjustments made. Working from home because of side effects of drowsiness. And the end date could be 8 weeks but you can always review later on.

I’m amazed that someone who works in HR would suggest an employee is being ‘obstinate’ by not wanting their employer to have direct access to their GPs. If a reasonable request has been made, then the employer should be able to accommodate that by following due process and contacting OH. If I were the OP and my employer said they needed to speak to my GP, I’d be reminding them that that’s the reason why OH is used and absolutely NOT give them permission. If they then chose to not accommodate my request I’d make damned sure my Union was involved.

Why should her employer fund a taxi?

That's just common sense surely? Regardless of medication or not!

You are the one asking for a big dispensation- being allowed to work fom home for 8 weeks. They hold the cards, not you!

So have you suffered drowsiness after taking the medication? Not everyone suffers side effects, the leaflet is to to cover the manufacturer against all scenarios.
Why can't you take the first dose on arrival at work?

I can see HR's problem. It doesn't sit well with other workers that you are working from home in case you feel sleepy.

You have already said why they have requested it though. Because it is quicker than going through occupational health. I guess it depends whether they will allow you to wfh now or won't until they have the answer as to how important to you it is to get a quick answer.

That's true, it's unfortunate how covid brought out the worst in some people.
Imagine if everyone on meds took time off/requested wfh.

There are exceptions of course, but to request 8 weeks off the back of what the leaflet says can be open to abuse.

I will never forget during one of the train strikes, an NHS nurse requesting a taxi to get to work & back home.
Buses were running just fine, except it would mean getting up earlier and getting 2 buses to work.
No medical issues, just didn't fancy the inconvenience.

When taxes go up, NHS in the red and people not able to get funding for much needed treatments, it's because of such attitudes.

Multiply that by however many think nothing of taking the piss and expecting the public purse to be their personal kitty.

It all has a knock-on effect, but a lot are short sighted, entitled and expect to never be inconvenienced in life.

Yes it is invasive OP but then you are asking to be able to work from home for eight weeks. Do you expect them to just take your word for it? I know you say your job can be done from home but maybe there are reasons why they prefer folk in the office for some of the time. If they allow you to be fully working from home without seeking to verify the reasons for your request it could set a precedent they don’t want.
Ask to go through occupational health if that’s what you prefer but if they are saying it will take longer what would you do in the meantime? Perhaps they are suggesting this in order to help you.

The word ‘obstinate’ is a bit unfortunate, but essentially that poster is right. The Equality Act 2010 provides a definition of disability and the employer has no obligation to provide reasonable adjustment for anything other than a disability which meets that definition. OP hasn’t declared a disability to her employer, she’s only asked for accommodation for the possible effects of prescribed medication over a few weeks - which, legally, the employer doesn’t have to give.

OP has opened the door to discussion with her request and rightly, her employer wants more information before complying. Legally, OP has no obligation to disclose her condition and the employer cannot ask. So the intent of any request for OP to consent to the employer contacting her GP would have to be clear. They are not allowed to ask the nature of her condition unless she specifically consents. If she doesn’t they can only ask about the medication and any side effects to satisfy themselves that she is safe in the workplace.

Basically if an employee wants reasonable adjustment for a health condition, then they have to declare that health condition to the employer, and if it meets the definition of disability under the Act then the employer has an obligation to seek reasonable adjustment. It also needs to be clarified that ‘reasonable’ is the standard here. If an accommodation would be difficult operationally, then the employer would be within their rights to refuse. The Act accepts that reasonable adjustment cannot always be made.

As I said upthread, I suspect the main motivation for GP before OH is to save the employer money. But if this turns into a situation where OH need a GP report to inform their recommendations, then it doesn't seem unreasonable to go to the GP in the first place. Especially when it is likely to be a temporary situation.

Probably not, otherwise they'd have just asked for a fit note.

Fit notes are intended to cover short-medium term absences/changes to duties. Assuming you don't normally work from home, you're asking for a significant change to your usual work for a long period of time.

Your employer may also be concerned that if you're too drowsy to drive, that you shouldn't be working at all, and might want to suggest amended duties/hours etc.

OH costs hundreds of pounds and takes time - it could take weeks for your appointment to come through (usually a telephone call), they'll need to contact your GP anyway, and their report could take another couple of weeks to come through. Given that you've told them it should take around eight weeks to adjust to your meds, an OH referral feels like a waste of everyone's time/money in this instance.

A letter to your GP would likely be a long the lines of...

• Is Employee taking X medication?
• Would the side-effects make it dangerous for her to drive to work?
• Should she be able to complete her normal duties at home?
• How long do you expect the side effects to last?

They're not asking anything you haven't already told them, they're just getting confirmation from a professional. I'm not sure what you'd find invasive about that, unless of course you haven't been honest with your employer about something.

Usually your GP will contact you when they receive the request; you can tell them at this point that you only consent to that specific information being shared with your employer.

Yes it is invasive OP but then you are asking to be able to work from home for eight weeks. Do you expect them to just take your word for it?

Exactly. You can't just tell your employer you need to work from home for two months and expect them to just say "sure, go ahead" - it doesn't work like that.

And let's be honest, the reasoning is pretty dodgy at best!

Its not fine to drive on medications that list drowsiness or other side effects like those associated with muscle relaxants.

This is a great, accurate response for the OP.

Just to follow up, in a similar situation I've had to deal with where someone was off long term without a disability and refused access to contact their GP, they were put on sick leave and asked to provide fit notes until they were able to return to work.

Obviously not ideal for either party (company had to employ a temp and employee only received SSP after a while), but it was the only course of action open to us.

OP, I would strongly suggest allowing your employer to get this info from your GP as the quickest, most stress free resolution...unless you've been really naughty of course!

Just give your GP permission only to answer questions directly related to the medication and it's side effects.

Exactly!

Personally I would either agree for them to contact your GP or accept that they won’t let you WFH for 2 months just because you are taking medication with drowsiness as a possible side effect and I would look into making other arrangements to commute into work (public transport, someone else driving you, taxi, etc)

It is highly, highly unlikely that a GP would issue an 8-week fit note based on potential side-effects of medication alone.

Also, remember that employers are only under a legal obligation to make 'reasonable adjustments' where a disability has been disclosed. OP is not disabled, and infact considers herself fit to work - it's just the issue of driving there that she feels uncomfortable with.

This would usually be dealt with via sick leave, but OP is requesting a considerable amount of time off.