Access to medical reports??

Question

Hi,

I have had minor surgery and am fine now. I do however need 4-5 weeks of radiotherapy to make sure all cancerous cells are gone. My employer have asked for permission to write to my doctor having full access to my medical records under the access to medical reports act 1988. I don't want my employer to have access to my medical records nor do I want to be examined by the company doctor. I feel this is personal. What are my rights regards my employment??? They want proof that I am fit to work but I am and want the right to just come to work without them knowing all my personal medical details. Please help as I'm very stressed by it???????

Thanks xx

Answer 1

Hi.
I am sympathetic to your cause, but I will answer from an employers perspective as I do often request this information myself.

Firstly, it is good practice for your employer to do this, as it shows that they have the interest of your health, safety and wellbeing in mind when you are at work. Circumstances I would ask for such a report as an example is where someone would fall under the Disibility Discrimination Act 1995 where I would want to ensure they are fit to return to work or what work they are deemed fit to do (by a medical professional).

Under the Access to Medical Records Act, an employer does have to ask permission to gain access, and even then they are not privvy to all of the information. After your agreement, they will write to your Doctor asking for imformation specifically surrounding your surgery and your rediotherapy. You Doctor will respond - in good time - and you have the right to read this information first and decide whether you wish to pass it on. I'm not entirely sure on that part of the process, it may be that they send it to you automatically or they do this after your request, I am unsure.

So you get to see what your employers see, which is important. Where I work, we have Occupational Health and a Company Doctor and this information will be passed on to them. This information is classed as strictly confidential under the Data Protection Act and as such, cannot be held on common files such as your Personnel or Employee File.

You do have the right to refuse your employers request to gain access to such information, and this does often happen. However, this may not help you. Your employer will have to do risk assessments and/or make decisions about your employment based on the information they already have. This could be to your detriment. For example, you may be fit to return to work on full duties sooner than your employer believes, but they will have to made this decision in the absence of a medical professional.

Finally, dont be stressed by it. Your employer has your health and safety in mind, nothing else. They cant hold it against you, whatever you decide to do, nor the results of the medical report. It is only there to help you, so try not to get stressed about it.

Good Luck!

Answer 2

i used to work for a private drug testing lab. i do understand why employers need to have access to your medical records. i was a third party administrator before and our clients (companies) have different policies with regards to medical and health issues. one of them was the company has the right to have all the results if they paid for the tests, if they do require a pre-employment testing, random, pre-acces etc., the company gets the results whether its positive or not. then from there, they make decisions if they will fit the person for work or not. sometimes they require a doctor's or nurse's medical done in order for them to know if they can fit them for work or not. i understand why they do this because they want to have employees that are healthy and can do the job without any restrictions.

i also understand your case. if your current health issue is affecting your work, then i would say that the employer should do the proper procedure. but if this health issue isn't affecting your job at all, then i dont see any reason why they need to have access to your medical records, thats confidential and private. maybe you should talk to a government labor agency of some sort to know your rights as an employee with regards to health issues and problems.

goodluck!

Answer 3

Get some advice from Citizens advice bureau, I am sure you can't be forced to give your permission and your employer can write to your Dr with your permission asking for a report on you state of health but would not be given free access to you medical notes. As for the company Dr I am not sure.
Get some legal advice, your Dr should know where you stand.
Don't be bullied, and don't get stressed, maybe a letter from your Dr explaining what this stress is doing to your mental health would help.

Answer 4

Hi

If you don't want to give your employer access to your records you don't have to and they are not supposed to ask. If you are okay with it, they can summit questions to your doctor and you can give permission to your doctor to answer them - or even to draft answers and show you them before they are sent.

The Access to Medical Reports Act 1988 is a UK act so I am assuming you are in the UK. If so, the Disability Discrimination Acts 1995 and 2005 also apply. This makes it illegal to discriminate against someone with cancer. If your employer is treating you less favourably than others or than he did before your diagnosis, he may be in breach of the acts.

The acts, and other equality legislation, are superintended by the Commission for Equality and Human Rights (CEHR) so please feel free to contact them via their website http://www.cehr.org.uk. Further information can also be found at the Macmillan cancer website at http://www.macmillan.org.uk/Get_Involved/Campaigns/Disability_Discrimination_Act.aspx


Hope all goes well.

Answer 5

It relies upon on the reason at the back of your absence. If the scientific checklist (well-being for accountability) is to be sure besides the fact that in case you have pre-contemporary back or neck issues because of fact they're nervous approximately your capacity to accomplish the fundamental applications of the interest. The business enterprise is merely waiting to be sure besides the fact that if or not you're bodily waiting to accomplish the fundamental applications of the interest you're being seen for. you could talk to the H.R. branch or the surgeon that they want you to be sure approximately what info would be shared with the business enterprise formerly you bypass for the time of the examination. an undemanding medical doctors notice won't tell them this. additionally, this might impact your capacity to connect their scientific plan. besides the fact that your condition became/is there is something it is giving them a difficulty to besides the fact that if or not this is going to intervene which includes your capacity to do the interest. besides the fact that in case you're "cured" "healed" besides the fact that if that's something that must be reoccuring or made worse with stress, heavy lifting or something like that they do have a precise to appreciate formerly they make an supply. Or that's a business enterprise that makes all and sundry bypass by using a well-being for accountability examination. The examination could be a back examination, take your temperature, try for drugs, pay attention on your heart, and notice regular scientific situations. Ask somebody what's in touch interior the examination. talk to the H.R. branch approximately your privateness concerns. in case you're actually not delicate with the coaching that they opt to teach over to the business enterprise then you certainly might desire to probably seek for a job some the place else.

Answer 6

Your employer cannot access your medical records without your consent. That's the law.

Answer 7

Why not ask if a letter confirming your health from the doctor would suffice, stating that you are now fit to work? that way they don't get the records but they do get their proof.

Answer 8

Hi,sounds like a tricky situation.Try to get too stressed you need to keep your strength up.I would go & ask my doctor.I am sure he will write a certificate stating you are fit for work.Also go to citizens advice they will tell you everything you need to know.Good Luck

Answer 9

they have their own agenda and in this over litigeous society it is understandable that they are being cautious...I think you can solve this easily, they don't need your records, they only want to clear themselves legally so have your primary care physician write a letter saying that you are infact, okay to return to work....hope it helps. (good luck to a full recovery)