Help please : employee withholding consent to medical records

[CutieBob]

I have asked an employee to complete an employment health questionnaire which contains a section consenting to occupational health obtaining a copy of her medical records from the GP.

The employee has completed the form but refused to sign the part consenting to the release of her medical records. The forms states that an employee can withhold consent.

I've referred this to HR but haven't heard back. Can anyone advise what we could or should do now? I have reasons to believe that the employee isn't being completely truthful with the information that they have provided in the form and is worried that the medical records will reveal this.

Thank you.

Is the employee's job dependent on what may be in their medical records?

I am actually quite uncomfortable with employers demanding access to employees' medical records as a matter of course though I know it's commonplace with a lot of large companies these days. It's an invasion of privacy, IMHO.

Well if the form states they can withhold consent then there is your answer. Why ask if they don't have to tell you?

Is this a new employee filling in the form as part of the new starter process, or is it someone who has had sickness absence to the extent you now wish to involve OH and he/she is resisting?

They are well within their rights to withhold this confidential information from you. You employ them. You don't own them.

The next step would be to get some management training on employment law. You are not the Stasi. Just their manager.

I wouldn't give access to my medical records either. Huge invasion of privacy IMHO. Your firm gives her the option to withold access, and she's done so. What's the problem?

You haven't really explained why you need to know what's in there?

Personally, I would not willingly share this information. And the "juiciest" bit in there is probably that I had shingles once three years ago. I can't see it being any of your business.

Good on the employee!

If they can't so their job, refer them to occupational health.

If they can, it's not a problem

Why do you need their medical records?

I would,withold consent as well.

Not because Id have lied on my health form, but purely because there's stuff in my records which are none of my employers business and don't impact on my job.

I work in HR and have never asked someone for their medical records! you send a questionnaire to the dr or refer to occupational health you don't need her medical records!

I wouldn't allow access to my records. They don't need to see them, even though it's mainly just pregnancy things. Refer to occy health if there's an issue. Look at their contract to see what it says about this sort of thing.

I wouldn't allow access to my medical records either. I akways tick the 'no' box if it is mentioned in a job application.

I'm not dishonest but there is stuff in there that is no one's business but mine.

I've never seen this before.

I've had a pre-employment work check. Often for things like hearing (safety issue on an industrial site) and drug testing (also a safety issue). I consented to this.

I've also had to declare no pre-existing injuries that would impact on my job (ie I don't have a bad back and working in a labour er job).

I know a doctor treating a work related injury has to share records for insurance.

But why would the employee need to share their general health records? What about their privacy if there are sensitive items on there?

Does it say in their contract that their job offer is dependent on them giving permission to access their medical files?
I would get an employment law specialist to look at it. Just because its in the contract doesn't mean it is legal or enforceable

If the form says they can withhold consent and they have withheld consent, what's the problem?

No way would I allow an employer access to my records that is a gross invasion of privacy.

This sends shivers down my spine; what business is it of yours what your employee's medical history is??

Uh, yeah, what everyone else said.

I would withhold consent too but give consent to contacting my GP for verification of answers.

Bloody hell, OP, even life insurers rarely ask for full medical records!!!

why do you need to know? you have referred to HR, what is your job that you are querying.
normal occ health forms go to occ health depts. Are you occ health?

Another 'I would withhold consent' here! Outrageous invasion of privacy. I have very dull medical records and no real medical history of any note, but I would absolutely not give an employer access to my private records. I would also have serious misgivings about accepting a job with an employer that asked for them to be honest. Just - wow.

I wouldn't give consent to this on principle, not because I have anything to hide but because it is private and personal information that no one else has a right to access. I can't imagine what your reasons are for wanting to do this!

I would say no too. And there is nothing in mine of any interest at all. I would find it outrageous.

I'd be mortified if my employer wanted to see my medical records. I have a life long condition (epilepsy) which they are aware of but there are a few very personal things which I have no wish for them to know anything about.