Occupational Health Report- Teacher Rights?

[gloriousapple]

Hi,
I have been absent from my teaching role for 4 weeks after having surgery. I have provided a note from my GP stating 'post operative care' however, it did not disclose the nature of my surgery.
My HR are sending me to Occupational Health for a medical record to be completed. (Not a health assessment- how can we help you etc)
As far as I can gather they are wanting a report to determine the reasons I had surgery, nothing to do with my ability to work. It's most likely to determine whether of not I should receive sick pay.
Can I as a teacher in a UK state school refuse to attend this Occupational Health meeting? If so, what is the most likely outcome? . Or can I attend the meeting but withdraw my consent to have Occupational Physician access my medical records?
Any help greatly appreciated

You have got it wrong. The occ health physician doesn't have to disclose anything about your medical condition to your employer. However they can state when you may possibly return to work and if any reasonable adjustments are required. It will benefit both you and the employer

My occ health physio wrote a report with recommendations to limit certain parts of my role due to a physical problem (post op) and my headteacher has taken heed of it. Very useful.

If you're employed under standard teacher conditions (e.g. School Teachers Pay & Conditions Document and Burgundy Book) then you will not be eligible for sick pay unless you undergo any medical examination (e.g. occupational health) required by your employer. Section 8 of the Burgundy Book refers to this.

I found OH really helpful and very supportive. They will be looking at when you may be able to return to work & what allowances you may need on returning. I’m not sure why you’re so suspicious of them? Why do you think they’ve been asked to find out why you had surgery?

Occupational health have never had access to my medical records; they only know what I have chosen to tell them.

And they asked my permission to share information with my employer.

They were very helpful in suggesting reasonable adjustments for me.

Off health are very helpful. When I used them they asked if they could disclose my condition (it wasn’t a secret so yes) but if you say no then they’ll just advise you work if you’ll need any help when you retirn( if it’s likely you’ll be fit to return and when etc.

I found OH really supportive despite my headteacher telling me they wouldn’t believe that I had been ill (hospitalisedwith sepsis and in critical care)They were shocked at my headteacher’s behaviour and refused to allow me back to work until adjustments were made.

I am a disabled teacher and my head has made it clear she intends to reduce my TA support. I had to demand an occ health review - the head and HR tried everything to stop me. The occ health advisor was very helpful and said twice that in her opinion I need a full time TA and that she would be putting this in her report. However, when I asked HR for a copy of my report (I didn't receive one automatically though I believe I'm entitled to see it before my employer), the report I was sent had been carefully worded in favour of the school and it did not say anything about my requiring a full time TA. Occ health refuse to talk to me as they say their contract is with the school. I understand your suspicions.

Is the issue that you had private, non essential surgery, IE. cosmetic? If so, I believe they have a right to ask for your record and indeed to agree not to pay for that time.

You need to check if their policy refer to such situation.

This, if its been something cosmetic you arranged, they'll have expected you to arrange in the school hols so likely to be why.

I would attend - it will be focused on your health status as well as what you need (reasonable adjustments if any) to return to work, the likelihood and timescale. Under the access to medical records act you can ask to the see the report before your employer, at the same time or after seeing the report you can withdraw your consent for them to see it entirely. If they want to see your medical records, they would need specific consent which you don't have to give if you would prefer not to.

However, find the right balance as not giving your employer any information may make them judge the situation with no information which could be to your detriment.

You can refuse to attend or you can attend and ask to see the report first and refuse to have it passed to your employer. You may forgo your sick pay though and school will make attendance management decisions without the benefit of medical information.