We have had a query from one of our bureaux regarding an employee's
rights to refuse consent and/or to see medical records/reports before
they are disclosed to an employer. I think that I am reasonably safe in
saying that, unless a report is produced for a tribunal/court case, the
employee may refuse to disclose it. I also believe that the patient has
a full right to see all the records (on payment of fee and, subject to
fact that disclosure would not be harmful to the patient) but, I am not
sure what other rules are out there.
I assume that an employer is entitled to see some records if an employee
is regularly off work and also that the employee may ask for some
information to be withheld but, is there any information about where the
line should be drawn?
I am not so sure whether an employer can ask for records of a
prospective employee. I assume that, if they insisted on full records
they might leave themselves open to a DDA claim.
Any ideas?
I am aware that any advice given would be with the caveat that refusal
to disclose information might have an effect on the employee/employer
relationship.
Tony Smith
Information Officer
Citizens' Advice
115-123 Pentonville Road
London
N1 9LZ
Tel 020 7833 7082
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