Employer contacting my GP

[essjaydee]

Hi all,

 

I have recently had several weeks of sick leave, that were backed by a 'fit note' from my GP. Upon return to work, my employer requested a GP report, which I approved. After signing the relevant forms, I thought no more of it and awaited a follow-up with my employer after they had the info they needed from the GP.

 

Fast forward a few weeks and my boss and an external HR consultant (I work in a small company, so we have no HR team/person) called me into a meeting, in which they said that they had spoken with my GP (or the surgery) several times, to check if they had received the request to provide the info needed and whether I had been to the surgery to give the final authorisation to my GP (which I did not know I had to do). They then said that upon doing this, they were informed that I had ignored numerous calls and requests to visit my GP and therefore appeared to be blocking the release of the form. My employer did not believe me when I explained that I had no knowledge of this and had received no contact from the GP (which was true).

 

I did go to see my GP last night to give the authorisation and he categorically stated that under no circumstances would he, or the surgery speak with my employer about the form or tell them about any contact or attempted contact with me, as this is confidential information and therefore illegal. This has obviously led me to believe that my employer is lying/exaggerating the truth in an attempt to try and pin a lie/falsehood on me (they were not happy about my sick leave, but as it is backed up by my GP, cannot do anything about it - other than put me on SSP, which they have).

 

I guess my main questions are:

 

1) What should I do about this apparent lie/exaggeration by my employer?

2) If they have contacted the GP attempting to find out confidential information, are they in the wrong/is this illegal?

3) After being backed by my GP and the forthcoming information etc. can my employer do anything along the lines of giving me warnings/sacking me etc?

 

Thanks so much to anyone that takes the time to read/reply and sorry for the essay!!

[renegadeimp]

1.Can you get a grievance in to your employers head office?

2. Not illegal. Your doc will never give out personal medical records.

3. You have to tread carefully here as you would need evidence to support a complaint and if you have been employed less than 2 years, they can dismiss you for pretty much any reason they want.

[essjaydee]

Thanks for the reply.

 

1. Your link isn't working for me - it just loads back into the main forum page.

2. OK, thanks for clarifying!

3. I've been here close to 3 years - am I therefore fairly safe (or at least safer!)?

 

Thanks again

[renegadeimp]

DOnt worry about the link. This forum automatically makes certain words into a link.

[fkofilee]

Medical Records are solely for your eyes only (Unless a General Care Summary is created which is used for treating you or of course you are seeing a doctor)

 

For the company to try and do this i would imagine that there is something behind it.

I think the way around it is to start from scratch with it... Build up the facts in a meeting with the HR consultant and also the manager concerned.

 

Dont drag your heels (and its good that you went straight to the surgery to sort this out) and this should hopefully disappear.

You need to ask the HR consultant if the amount of time youve had off exceeds the companies "Trigger Factors" for employee health / productivity

 

If it does then they have grounds to investigate it however if it doesnt then it could be the start to something more sinister

[Emmzzi]

Please obtain a copy of your company's attendance/ absence management policy - that should tell you what you need to know.

 

you CAN be disciplined even for genuine illness - but you need to exceed the trigger points in the policy.

[honeybee13]

Hello there.

 

Have you signed a form to authorise your GP to release information about your condition. Unless things have changed recently, a GP can answer some questions about your current condition, but not your whole medical history. And I think I'm right in saying that you can see a copy of the report before it's sent and discuss anything you're not happy with.

 

I can't find anything online, but I believe it's covered by the Access to Medical Records Act 1994.

 

I'm sure the forum guys will correct me if I'm wrong.

 

My best, HB

[ericsbrother]

I bet that your employer doesnt know what they have asked for and how to ask for the correct information in the correct manner and have got grumpy because they havent been told they werent going about things in the right way. Your GP is right that they cant hand over the information and can only do so with your consent and then to another medical professional. They should have asked for a statement, included a consent form and asked the GP how much it would cost them as these things are not free. I bet the HR consultant is the reason why things have gone awry, they did the usual of breezong in, creating chaos and leaving someone else to sort out the mess..

[Pusillanimous]

Be careful you do not consent to their seeing your entire medical history. It is a good idea to see what your GP will send them first before releasing the information.

[Madamfluff]

Hello there.

 

Have you signed a form to authorise your GP to release information about your condition. Unless things have changed recently, a GP can answer some questions about your current condition, but not your whole medical history. And I think I'm right in saying that you can see a copy of the report before it's sent and discuss anything you're not happy with.

 

I can't find anything online, but I believe it's covered by the Access to Medical Records Act 1994.

 

I'm sure the forum guys will correct me if I'm wrong.

 

My best, HB

 

 

That is totally correct

 

Medical reports about you

 

The Access to Medical Reports Act 1988 states that your employer cannot ask your GP for a medical report on you without your knowledge and consent. You do not have to give your consent. If you do agree, you can ask to see the doctor’s report before it is sent to your employer. Your doctor must wait 21 days before sending it, to allow you time to see it.

You may ask, in writing, for the report to be amended if you feel it is incorrect or misleading. Your doctor can agree to amend the report. If they don’t agree, they must attach a note of your views and explain why they won't change it.

If you’re still unhappy with the report, you have the right to stop it being sent to your employer.

However, if you stop a medical report being sent to a new employer, you should be aware that they may not be able to employ you if, for example, an occupational health assessment is part of their recruitment procedure.

[honeybee13]

Thank you for that, MF

 

HB

[fletch70]

Putting the disciplinary to one side for a moment, the company do have a duty of care. Depending on the nature of your illness maybe that want to know if it could reappear and is anything at work a trigger factor. This could be a mental health problem , a bad back from sitting in a badly designed chair , RSI, the list goes on.