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can my employer ask to contact my doctor whilst im off sick with pnd?????????

17 replies

dressedupnowheretogo · 20/07/2007 17:22

also i informed her i was sffering from anxiety before i started work

but nfortunatley things have esculated since i started work and im now sffering anxiety attacks and depprssion and have not been into work for 6 and a half weeks and i have just been signed off for another

i think due to us moving house as well she thinks i am taking the piss

i haqve never felt this in my life and im so mad that she may be thinking im using it as an excuse

any ideas if this allowed or am i casing problems if i dont let her

OP posts:
DameSnotAlot · 20/07/2007 17:29

Well they can try. But your GP won't give out any details for patient confidentiality reasons. So they won't get anywhere anyway.

I'm sure some people think they have rights to your life!

EscapeFrom · 20/07/2007 17:31

Let her, she won't find out anything.

VeniVidiVickiQV · 20/07/2007 17:35

No, but they can, after a period of time, make a medical referral to see if you are fit to continue working, and if not, dismiss you at the end of a specified period.

flowerybeanbag · 20/07/2007 17:41

She will have to provide the doctor written consent from you before the doctor will say anything, some employers have a form for this included when you start employment and 'reserve the right' to do so.

However don't assume it's automatically a negative thing. If she is thinking you are making excuses it may benefit you for her to write to your doc - he/she may advise your manager to cut you some slack (in medical language!). It may be good for her to be better informed about your condition, she is likely to request a bit of info about how your condition should affect your work, so she can judge whether you are taking the p*, and would also probably request a prognosis.

quiveutmabonnebaguette · 20/07/2007 17:45

I had pnd and I had problem with my employer...it was hard to believe for him that I was actually sick...I gave my gp's detail and he called him...he had no other choice that to believe me

flowerybeanbag · 20/07/2007 17:45

and yes if you don't consent she is likely to do what VVVQV said, refer you to their own OccHealth or doc.

VeniVidiVickiQV · 20/07/2007 17:45

Yes, she will need consent from you. If you dont give it, it will reflect badly on you.

It suits all round to give consent, tbh.

dressedupnowheretogo · 20/07/2007 17:47

thank you for all your help

she has only contacted me twice since i got signed off once last saturday to see if would be coming back last weds and then this letter

i did tell her i would be very surprised to be back soon and told her how i was feelin g

she also has had a baby so i'm assuming she should understand

im now panicing about this now i'll be buggered if i lose my job but i did ask if i could go into work for two hours on the last two days of my note just to get settled back in i havent heard anything since

btw im a hairdresser so you can nderstand why i cant go into work suffering with anxiety and pnd crying constantly

OP posts:
ChorusLine · 20/07/2007 17:49

They can but its not always a negative thing - I write to GP's as part of my role in HR, although things like joint problems. We do it as have to be seen to giving the maximum help towards the colleague.

They will need you to complete a medical release form first - which you don't have to agree to but then you have to say why not etc so could cause problems later down the line.

Hope you start feeling brighter soon x

Desiderata · 20/07/2007 17:50

If your employer has not had the misfortune of pnd, it is quite likely that she won't understand at all, dressedup.

Just be as up front as you can be, and keep her informed at all stages.

edam · 20/07/2007 18:02

If you are signed off sick by your GP, you cannot go into work. So don't even think about it before you are well again.

Agree with advice about informing your boss, though. She may well not understand.

Bellie · 20/07/2007 18:04

similar to chorusline, I used to write to GPs when I was in HR. You do have to consent to the release of your records and you can also request to see what your gp writes so you know exactly what your employer knows too.

I hope you are feeling better soon.

dressedupnowheretogo · 20/07/2007 18:22

bt do i have more standing because i madde her aware of my anxiety before i started work with her

OP posts:
chocolatekimmy · 20/07/2007 21:48

Yes they can ask but you don't have to give permission. The rules relating to this are (AMRA) access to medical records and if they want your consent they have to set out the rules in relation to this so you know exactly what you are agreeing to. You also have the right to see the GP report prior to it being given to them.

A good employer would discuss reasons ect before asking and explain what processes they have in place to support you and how the medical info will help them. They should only ask specific questions relating to the current illness that is affecting work and they should give you a copy of the letter.

If the condition is adversly affecting your day to day activities (memory and concentration for this type of illness) and it has lasted (or is likely to) for a year then you may come under disability discrimination act which gives you protection and the right to reasonable adjustments.

Are you getting support and doing self help stuff like relaxation, healthy diet and exercise etc

RibenaBerry · 22/07/2007 20:19

AS others have said, they cannot force you to allow a medical report, but it is in your interests to do so.

Firstly, there is sick pay. You do not mention whether you are getting any, but often continued to receive sick pay above SSP is linked to co-operation with requests for medical reports. Look at it from your employer's point of view. Whilst they may be sympathetic (and I hope they are), there are, sadly, enough people who swing the lead that employers want to check people out. Therefore they will often link your sick pay to medical feedback. Once they get a nice clear report from your doctor, they can feel more confident that you are really ill (not suggesting in any way that you are faking it, just that some people do).

Secondly, as others have mentioned, there is the disability legislation. PND often won't be a disability, because the key characteristic is that it has to last, or be expected to last, a year .However, if your doctor does think that your symptoms might last this long, you get an extra raft of protection against dismissal.

Finally (and assuming that you have been with your employer a year) you have unfair dismissal rights. Employers CAN (contrary to popular belief) dismiss for ill health. It is what's called a capability dismissal. However, to do it, they need to be sure that you're indefinitely unwell. If your doctor is saying things like "She's not well enough at the moment, but, with the right treatment and support, she may well be in a month or two" it actually makes it HARDER for them to fire you.

All in all, it's in your interests to give your employer as much information as you can. It should make it more likely that you get fair treatment and less likely that they can dismiss you. It's not really about how much you've told them so far. It's about hearing it from a professional.

Hope that helps.

I would give consent, but explain to your employer that you want to see the report first (this is your legal right) and say so to your doctor too.

dressedupnowheretogo · 22/07/2007 20:32

i have been with her since april like i said i told her i was suffering with anxiety before i started

i have not signed any contracts yet i am one of thirteen staff i have been nothing but informative with my boss

and she only pays ssp so its not as shes gioving me my whole wage im 60 pound down every week im off

im definately going to let her have my notes but im just annoyed this is only the second time anyone has been in contact with me i have contacted them every fortnight and gave them more than 48 hours notice everytime ive been signed off

OP posts:
HappyMummyOfOne · 22/07/2007 21:54

If you've only been there since April and have already had 6.5 weeks off and are signed off further then I dont think its unreasonable for your employer to ask to see your medical records.

As for advising her of your anxiety condition prior to starting, she may not have realised it would mean lots of time off work.

I would let her see the records and ask for a copy.

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