can my employer request to see my medical records due to 1/2 day sickness i have had crones for 14yrs and they have not been suppportive with my illness and have told me they may finish my employment with them if i have any more sick days i have been with them for 4 yrs the bullying is starting to get me down.regards Leanne
Province/Country relating to question: Yorkshire
nothing yet not sure what to do
Hello and thank you for your question, which I will be happy to assist you with. Please let me know if occupational health are involved?
no just had a meeting with owner and the practice manager
have they said what they are looking for?
they say that they have looked back 2 yrs at how many days i have had due to illness and want to check see if i am telling the truth about my illness and cross referance the dates .
i have asked them to put the request in writing and they have refused saying to look at the BDA wedsite and my contract about terminating employment due to absence if i wont let them see my records
ok let me get my answer ready please
You cannot be forced to disclose your medical records. However, failure to do so may result in the employer to take action based on the evidence they have. If you are not willing to disclose your records then you may ask them to consider a report from your doctor, which provides the information they require. So this report could include details of the dates you were off and reasons behind it.
Another issue is that your condition is likely to amount to a disability in law and as such your employer has a duty not to treat you unfavourably because of it. In addition, they have a duty to make reasonable adjustment, which could include allowing you time off for treatment, appointments, etc. They will require some medical evidence to show that this is a genuine condition but you can avoid releasing your full records by asking them what they need and involving your doctor in confirming this.
thank you thay want a meeting with me at 330pm today
Still go to the meeting but make it clear that you are not comfortable about releasing your full medical history and will only release relevant information, then ask what exactly they require and ask your doctor for it. Also ask them what they are doing about reasonable adjustments in relation to your condition which is a disability under the Equality Act 2010
will do thanks again
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Expert in UK Employment Law
Hi [Customer Name], This is just a quick follow up to see how you are getting on and to check if my advice has been helpful in dealing with your query? I look forward to hearing from you.Regards, Ben
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