Medical records and being off work

[Escapedescalope]

Looking for some advice for my sister. Currently signed off work from a warehouse type job, with bowel issues (looking at diagnosis of Crohns we think) which has affected her mental health, very down etc. Has been off since Dec, receiving SSP. She's worked there on and off for three years, has never had a paper contract etc.

Basically work keep calling and have now written to her asking for her medical records. The letter does not specify why they want them , how much of the records they want and when she has asked she just gets told - it's in the letter. She called ACAS (no union) who said she should agree to share them - but she doesn't know why they want them, or what info they need or how much.

I am presuming it's so they can get rid of her as not being fit for work, as they are generally shit, no health and safety to speak of, family company so no HR etc. It certainly won't be so they can make any adjustments etc. or out of concern for her wellbeing :/

She isn't likely to be fit for work yet but would like to go back hopefully.

Any advice re: medical records?

She needs to get hold of her works sickness policy and see what it is.

Usually there is a time frame someone is off with sick notes (which is all she should need to supply) from GP for up to a certain time frame, after which, if there's no sign of the person being able to come back to work, or reasonable adjustments that could be made to enable her they might look to move to a more formal stage.

It's entirely impossible to say without the sickness policy.

However I wouldn't share my entire medical record, only records specifically relating to the condition I am off work with at that particular time, maybe not even that. I'd maybe ask my consultant to write a letter.

Short story: get the policy

Thanks, she has asked and not received it, probably because there isn't one!

I think the way they have asked for the info isn't quite correct either; she's been worrying and worrying over it and only just mentioned it after getting more calls from work.

How long has she worked for this employer? If it's under 2:years then they could be checking whether there's any sign of a disability, but it's a clumsy way of doing that.

Has she been regularly producing Fit Notes to cover every week of absence - that's as much as an employer normally needs to evidence that they are not fit for work. Asking for a person's "medical record" is too vague and she shouldn't need to do that, but she must have supplied the Fit Noted.

Can she book a conversation with her employer as they obviously do need to know how she is doing and when they might expect her back at work. Not engaging with her employer proactively about her absence isn't reasonable, she needs to give them some information I'm afraid, otherwise they will only increase the pressure to find out more.

In a warehouse type of environment, they are not a good employer not to have a formal sickness policy, it speaks volumes about their general attitude to employee health and safety.

If it's under 2:years then they could be checking whether there's any sign of a disability, but it's a clumsy way of doing that

Sorry here I meant to clarify, they may be trying to move towards letting her go on the basis of capability and want to ensure no disability exists.

It's not unreasonable they can't hold her post open indefinitely . I did one and put on the form only the realise details relevant to the condition they were enquiring about
The business still has to function you can refuse ,but then they can make reasonable assumption about her condition and if they can support it and function as a business.
So they would assume long absence no end date and would properly look at dismissing her, She needs to engage with them and then they can sort a plan going forward.

@daisychain01

If it's under 2:years then they could be checking whether there's any sign of a disability, but it's a clumsy way of doing that

Sorry here I meant to clarify, they may be trying to move towards letting her go on the basis of capability and want to ensure no disability exists.

If a disability exists are they no longer allowed to let her go?

All I'm saying is that if the OP has a disability they are likely to take a more cautious approach.

@daisychain01

All I'm saying is that if the OP has a disability they are likely to take a more cautious approach.

Thanks for the clarification.😊

No problem @redswinger 😊