Employer asking to see written report of medical condition

[electra]

My mum has been off work for several weeks. She's been very unwell and recently had a MRI scan which she doesn't have the results of yet.

The GP has decided to sign her off every time she's been for a review so far and her employers have received all of these notes from the GP.

However, her employers have now written to her requesting to see a detailed report about her condition and have asked her to consent to this 'within 7 days'.

My mum is not comfortable about this as it could (in theory) provide a 'blank cheque' for them to see a lot of information about her that she would prefer to remain private.

Today she went to her GP to ask what her view about this was and the GP said she thought it was a cheek and they have no right to know this information.

My mum, however is getting more and more worried about it and doesn't know what to do next. Anyone have any ideas?

I would start by suggesting she gets in touch with her employer to find out what exactly they wish to know and why. Things can easily get out of proportion when people aren't seeing each other day to day and have to go "cold" into print.

The employers might have a totally benign reason for wanting to know - wanting to know what's wrong (mildly intrusive, but understandable), how long absence is likely to extend for, and whether they will need to make any H&S adaptations on her return.

There is absolutely no need to give carte blanche to entire medical record. Her doc sounds sensible; I hope he'll agree to write a letter that will answer the co's concerns.

And that this will all be dealt with easily without more stress, and that her recovery goes well.

Is there a way around this such as occupational health? Some larger employers will send employees for independent assessment.

It depends on the wording. If the employers are asking the GP for details on your mum's illness so adapations can be made, or to get an idea how much sick time she may need, then fair enough. But absolutely not to them having access to her notes.

Perhaps she could suggest they narrow down their query to the relevant areas?

I would think that because of confidentiality your mum is under no obligation to disclose any details of her illness? That's only up for discussion between her and her GP.
If her GP is writing saying she is unfit for work then your Mum's HR dept should accept that?
(Then again, perhaps I'm being argumentative...!)

It wouldn't be an open invitation because the GP is also under an obligation of confidentiality. They can only disclose exactly what she consents to and no more. Even if a GP is compelled eg by police or court to disclose info they must stick exactly to what is relevant and and give no other details eg of past illnesses that are irrelevant.

I agree, your Mum should get in contact with the employer to find out what information they require e.g. how long is she likely to be off for? are there any adjustments they can make to help her back to work?

Questions can be asked in a way which protects your Mums right to privacy regarding her health and the GP can answer the questions in a way that gives the employer the information they need but without disclosing tne nature of her illness.

Obviously, the employer is unlikely to hold her job open indefinitely, so it is reasonable to ask how long she is likely to be off for.

If she doesn't agree to this, then her employer will make decisions based on the information they do have - they don't know whats wrong with her and how long she'll be off for. Whereas her GP could say something like, 'she isn't fit for work at the moment, but could be fit in 6 weeks and if she does return to work, shouldn't do any heavy lifting'

Another thing to consider is that if her condition is covered by the Disability Discrimination Act, then the employer is duty bound to make reasonable adjustments. If she doesn't give them 'something' then she may not have this cover (its complicated)

Thank you all for your replies. I will get her to read through them. Her employers have a track-record of treating their employees shockingly and she has seen some unpleasant things happen to others so I think that's why she feels cautious about this in case they have some ulterior motive.

If she's been off for several weeks it sounds fine to me to want some more information about how she is doing, prognosis in terms of likelihood of returning to work and when, and what adjustments may need to be made to facilitate her return to work. It's all standard stuff and it's much easier for them to do all that if they get a report, otherwise they are working completely blind.

If they may be making decisions about her future, it's definitely in your mum's interest that they do so from a fully-informed position.

When they've said they want a detailed report, who are they proposing to get this from? Are they planning to write to her GP to request one or to send her to their own doctor/occupational health specialist? If there is information in her medical file at the GPs that has no bearing on her condition there's no reason at all for her employer to find out.

Electra - get your Mum to contact Remploy - they help people with disabilities and health conditions in the workplace. They can advise her on how much to say and on the legal technicalities of what an employer can ask and what they can't. For e.g. if she is disabled they can only ask her work related questions, like 'can you lift heavy boxes?' etc, they can't ask her how it affects her life outside of work such as ability to shower unaided etc.

She needs to clarify what info they want. With my employer they know I have Dyspraxia and Fibromyalgia, both covered under the DDA. They know a basic understanding of how they affect me and what can be done to minimise it's effects at work such as regular short breaks, being allowed a meeting room to do some stretches, an adapted work station etc. Hopefully they only want to know if she will need anything such as a foot stool for her desk or space to exercise etc.

Hope that helps!

I agree with what others, particularly Flowery, have said. Do also bear in mind that some contracts or handbooks make any continued occupational sick pay conditional upon assisting with this kind of request.

To be honest, your mum's GP sounds a bit either inexperienced or out of the loop if they think it is a 'cheek' to ask for a more detailed medical report. There are lots of very legitimate reasons for wanting to know and, done correctly, respectfully and with due regard for the employee's privacy, I think it is a positive step in addressing and supporting long term or serious health issues.

Sorry, I should have said, I hope your mum's condition improves soon and all the best.

I suggest that your mum delays replying to their request.

Lucinda- but why? What do you think it actually achieves?

Honestly, most employers want to understand more about planning for someone's absence and then supporting them when they return. Of course nosey questions should be told to shove off, but there's nothing in what we've been told so far that suggests that this is not legitimate.

The OP hasnt yet got the results from the MRI scan. The reply could be delayed until after those results are known.

Under the Access to Medical Reports Act 1988 your mother does have the right to withold her consent. However, I often have to ask for such reports from GP's and Consultants on behalf of my company when someone has been off on extended sick leave ( more than 6 weeks) As we need to establish whether or not the employee is likely to return and what, if any, adjustments need to be made when he/or she does. This isn't a carte blanche right to see someone's medical records in there entirety but specifically about their current condition and how it affects their role. I usually send a copy of the persons job description and ask for the professionals opinion on when and if they think the person can return to work and what we can do as company to facilitate that return.

Responses really are a mixed bag and you take it a step at a time. Sometimes they come back and say the employee will never be able to return to the job other times they give a time limit or advice on reasonable adjustments.

Also bear in mind that your mother has the right to see the report prior to it being sent to her employer and if she doesn't agree with it she can make that known.

I also think there is a lack of communication going on here. None of my requests for medical reports are done in isolation. I have meetings and phone calls with all the employees involved and talk them through the process. I make them well aware of their rights and try to reassure them throughout.

In the end the Employer has a duty of careto uphold and even if your mother declines her consent to contacting her Doctor she will probably be required to undergo some sort of occupational health assessment prior to returning to work to ensure that she is fit enough.

The key to it all is handling such things sensitively which I am sensing your mother's company perhaps haven't.