Is it law to provide my employer with details of my medical history.?

Question

I have worked for my employer for 10 years and now they are asking for medical details, they say they do it every year to update the records but i know i never have been asked. I do have a medical condition my site manager is aware of it, ive never taken time off sick with it.

I work for a security compant at a port searching people. My heart condition is controlled by medication. And im worried about losing my job, even though my site manager is aware of it. I do not take time off sick. ive had 2 heart ops and used my annual leave to take time off. Ive never put in a doctors note with this heart condition.

Answer 1

Possibly, but I am sure it will vary from country to country.

Answer 2

No kebab, there's no legal obligation in UK statute law for employee's or their GP to disclose any medical history other than that contained in a self-certificate for Statutory Sick Pay.

But, what lots of Company's do nowadays is sneak a term or condition of employment into your written contract that DOES oblige you, under certain circumstances, to so divulge.

And the contract may also state the Company has a right to send you for an independent medical when you've been off sick for a specified period of time.

In short kebab, there is no law passed by Parliament that would force you to tell them - but you might be obliged by your contract of employment (which is a private agreement between you and the employer).

I'm afraid you'll need to get a FULL, up-to-date copy of your written terms and conditions (contract) of employment and go through them with a fine-toothed comb. Personally speaking, I love doing things like that _ but I'm just your ordinary evryday weirdo that way:))

Hope this helps kebab - don't let 'em grind you down.

Answer 3

Medical records are supposed to be confidential, so I'd say no, unless it is something that will directly affect your work.

There are certain jobs, however, where medical fitness are required, and you are dutybound to inform your employer of any defect (if I can put it like that). These may include airline pilot, train driver etc.

I'd take legal advice from a professional.

Answer 4

Some conditions they do need to know about purely so that should anything happen,they will know the proper treatment,if an ambulance should be called,etc. In my case,I have epilepsy,and having that on my record was not only for my protection,but for theirs as I could possible injure someone during my seizure. With medical conditions like depression,they do not need to know about it.

Answer 5

Some companies want to performa medical but to ask for a medical history you need to give consent and sign this consent and there also needs to be a data protection to state exactly the purpose of this information gathering and to what use it will be put. Without a data protection declaration and a consent form I would tell them to shove their request up their a**.

Answer 6

This seems strange and I'd seek further answers from your HR office. It should be none of their business unless you have a job where a physical is mandatory for the safety/health of you and people your work with.

Answer 7

You are protected by the Access to Medical Reports Act 1988, under which you are only required to submit to a medical report if you agree. Here are the provisions of the Act:

An applicant (that is, your employer) must not apply to a medical practitioner for a medical report relating to an individual, until he has notified the individual that he proposes to make the application and that the individual has notified the applicant that he consents to the making of the application. In general before any medical report can be written - whether for insurance, pre-employment or for any other purpose - the doctor must be content that the individual has genuinely consented to the release of that information. BMA policy is:

"That doctors should refuse to complete a medical report for insurance purposes unless satisfied that the following criteria are met:
(i) that written informed consent has been given;
(ii) that a separate copy of this consent is provided for the retention of the reporting doctor
(iii) that the consent form incorporates a form of words which is acceptable to Council;
(iv) the requests for medical information come from the company's chief medical officer and be returned only to him."


Where the information is for employment or insurance purposes the applicant - that is the company requesting the medical report from the doctor - must notify their client (the doctor's patient) of his/her rights under the Access to Medical Reports Act. These are
(1) to withhold permission for the applicant to seek a medical report relative to physical or mental health (that is, to refuse consent to the release of information),
(2) to have access to the medical report after completion by the doctor either
(a) before it is sent to the company (the applicant),
(b) after it is sent,
(3) if seeing the report before it is sent to instruct the doctor not to send the report and
(4) to request the amendment of the report.

The right of the individual to indicate that he wishes to see the report can be exercised at a number of points in the process. He may indicate that he wishes to see the report before it is sent to the "applicant". He may also see the report at any time within 6 months after consenting to the release of information.

The patient must inform the applicant that he will wish to exercise his right of access. It is the applicant's responsibility to inform the doctor of this when seeking the report and to confirm to the client that a medical report is being sought.

If informed that the patient wishes to see the report the doctor must not dispatch it to the applicant for 21 days, allowing the patient time to have access. If the patient uses the access provisions earlier and agrees to the release of the information, then the report may be dispatched before the 21 day period expires.

Even where the patient does not inform the company he will want to see the report at the time of signing the consent, he may still inform the doctor he will wish to see the report if an application for informant is received. Again the doctor must not release the information until the patient has seen the report or at least 21 days have elapsed.

If the patient sees the report before it is sent the doctor must not send the report to the applicant until the patient has indicated his willingness to release the form. This overrides the "normal" 21 days rule.

If the patient believes that there are factual inaccuracies in the report he may seek their correction producing evidence of the errors. The doctor is not obliged to accept the patient's opinion but if refusing to amend the report must agree to appending to it the patient's statement regarding the disputed information. Requests for changes to the report or for a statement to be attached, must be made in writing. As a last resort the, consent for the supply of the report can be withheld by the patient.

The patient also has the right to see the report at a later date, up to 6 months after it has been sent. Therefore doctors would be advised to write the reports on the assumption that they will ultimately be read by the subject of the report. Obviously in these circumstances the options of withdrawal of consent to the release of information, and of requesting amendment to the report, are not valid. But this right of access may be exercised at any time up to 6 months after the report has been sent, and thus the doctor must have available an accurate, dated copy of the report for at least 6 months.

Whether the patient sees the report before or after it is sent he is entitled to receive a copy of the report to keep. The doctor may charge a reasonable fee to cover the cost of supplying the report - which should cover the cost of producing a copy of the report.

In keeping with the subject access provisions of the Data Protection Act [1] the doctor has the right to withhold from the patient any information the release of which would cause serious harm to the mental or physical health of the patient. In the context of employment or insurance reports this is likely to be an exceptionally rare occurrence.

In the same way, the patient has no right of access to any information where disclosure would be likely to reveal information about another person or reveal the identity of someone other than a health professional acting in their professional capacity, who has supplied information to the doctor about the individual.

In any case where a doctor invokes the provision for restricting the access of the patient to the report the patient must be informed of that restriction, and the rest of the report made available

Any failure to comply with the terms of the Act is an offence and a court may enforce compliance with the Act - including the release of a report which the court is not convinced would cause serious harm to the individual.

You'd better be pretty sure about why your employer wants a report out of the blue before giving your consent.

Answer 8

Your employer has no right in asking you at this stage of your employment. Be very wary, it could be that they have no written statement of your condition that they could use to as an excuse to make you redundant.

Answer 9

no one can only spontaneously view your scientific history. Even docs who're treating you require you to sign a waiver, granting them get admission to, to any scientific data from different docs. An corporation might desire to have you ever sign a waiver while they hire you, nonetheless. Are you specific you haven't any longer signed one?

Answer 10

I do know it cannot affect your status at your job-it cannot be a determining factor in hiring or firing someone. Not sure if they are allow to ask. GO to the better business bureau in your area and ask.

Answer 11

Tell them to eff off. The hippocratic oath forbids your doctor from releasing any details about you unless you give permission.