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.

We ask for this from time to time in my office, where an employee has a lot of absence. It's not at all uncommon.

I have had this too and I've always refused access. There's nothing of any interest in there but it's highly personal.

Think of it as akin to asking to watch your employee have a poo. Pooing is natural and absolutely nothing to be ashamed of, but you don't want people watching you doing it.

Unless there's a specific reason you need full medical records ( and for most jobs, there isn't) you just accept they said no. They are fully within their rights to. In my mind it's a gross breach of privacy to ask for medical records. A bit disgusting really.

I agree Skipton. I think it's disgusting that non medical people are requesting them, reading them and drawing conclusions from them (by Googling) and affecting people's futures. Where is the privacy and where is the professionalism?

I think the recommendations these days are that you don't take it upon yourself to delve into people's medical records if a) you don't have permission b) you have no medical training.

Fine if somebody wants to show you their hospital letter to verify their absence or explain something.

But if you need advice about someone's ability to work, request it via an OH professional, independently, so the person's privacy is maintained and they are being assessed appropriately.

There might be many companies still doing this but it's appalling really.

I would absolutely refuse consent. Patient confidentiality is there for a reason.

And you are all absolutely entitled to refuse consent to the GP report (or to the release of the medical records if they are needed), but don't then expect an employer to be able to do anything other than make a decision based on the information it does have available.

I would consent to a GP report (and have done so in the past), or to an OH report, but would not consent to release of full records - even if that eventually led to my dismissal...

Which is absolutely your prerogative.

The open access to your medical records generally comes at litigation stage anyway. If an employee brings a claim which relates to a medical condition or absence or ability to attend work and do their job then the medical records will form part of the bundle. Sometimes these will be redacted, sometimes not. Depends on the situation.

You need to follow your companies sickness policy. HR wIll be able to advise you of the procedure. If it's get towards the dismissal stage occupational health will need to be informed, the employee will need to consent. If they don't you can go down the dismissal route for sickness related dismissal.