demand for doctors report

[GroundControl]

Hi again ongoing saga
Have been off work since sign off following RTA 13/03/08 damage to R/h elbow nerves, GP doctor unable to determine duration likely say it takes what it takes (soft tissue)just had insurance medical diagnosed with the same and anxiety attacks (flash backs, fear,panic etc) told probably 3 to 6 months required following psyiotheraphy and counceling.
employer now demanding doctors full medical report from both doctors.says sick notes are not enough.
he wants to assess me to see if i can do anyother job for the company and if I refuse that will affect my insurance claim.
1) iam a mechanical engineer supervisor (working always onsite)
2)the anxiety attacks and stress hit even if im a passenger(cannot drive due to R/h injury(no grip)
my questions are
1)can I be made to do a desk job ? (ie answer the phones)
2)I am prepaired to give the medical reports but I am very concerned regarding the privacy of them (the office is small and they gossip about everything I had a private loan and that got out)also the insurance doctor has recomended councelling I dont want it banded about that I am (mental)what law or whatever can I use to make sure of my privicy

[davethorp]

Your employer can request access to medical reports from your GP though you have a right to see the report before it sent to your employer and your employer should keep the contents of the report confidential (I say should as my previous employer sent letters relating to my medical report to a different address on the road I live on)

They can also assess to see if it is possible to either ammend your job so you can still perform that job or to look at what alternative jobs you would be capable of.

[Weird Al Yankovic]

An employer can request to have a look at my bank statements for all they like.
Unless I agree then they can scoot.

In answer to your questions-

1) Yes they can

2) Data Protection

[GroundControl]

thanks for the comments as I said I am willing to doit I just dont see what the point is !! I have 2 doctors saying that I am unable to do my job in anyway like normal I cant even get there because the company is 30+ miles away and would need to be taken (extra cost !) the injury is going to get better !! in time they are not paying me Im on SSP so Idont get it ???

[archieL]

Hi there Ground Control,
I have been in a similar position albeit for different reasons with a previous employer. If you do allow the company to have access to you medical records point out that it is a once only scenario. I was lucky in that my GP was extremely understanding of my situation and how ruthless some employers can be. After giving my previous company access they then continued to hassle my GP weekly for updates - which she always refused to do. There would have a variety of different personnel contact my GP trying to catch her out (they must think everyone is dumb). However she had already stated her prognosis and timeline but they still badgered her.

They then proceeded to have some type of nurse visit me at home and assess me, which I agreed to. They then asked me to go and see and independent psychiatrist as I was suffering anxiety and stress too, which I agreed to. Ultimately it led to their downfall as they just kept providing further evidence for a tribuneral.

If you are off work sick and suffering from anxiety you should be left to recover and not constantly harassed. I don't wish to negate your accident in anyway but anxiety alone is reason enough for them to accept you are not fit for work. If your GP states that you are not fit for work then that is the bottom line. My advice for what it's worth is keep a note of all correspondence, keep a diary, try not to interface with your employer over the phone, get everything in writing and speak to your GP. Concentrate on YOU and YOUR recovery and try not to worry about work. I know it's easier said than done, I went through 10mths of this nonsense, but they can be relentless in their games and to your detriment.

Good luck and speedy recovery.

[Weird Al Yankovic]

Originally Posted by archieL

If your GP states that you are not fit for work then that is the bottom line.

Hello archieL.

Good advice in your post but I would like to highlight the above comment.

I have personal experience of this which went to an ET.

Despite visiting my own GP every fortnight/then every month for eight months, and only visiting OH twice in this same period, the ET actually considered the OH report more than my own GP's reports.

Both views were conflicting and the ET summed up the OH's report as more accurate!

So it appears OH, if the company has one, has more influence.

[archieL]

Hi there Weird Al Yankovik,

I appreciate your experience and I too went through the whole ET business. At the end of the day it's probably down to the individuals who sit at the tribuneral and how good your solicitor is.

Other factors would include the nature of the grievance and nature of the illness/disabiliity. My point is that if this is documented/recorded then this could be construed by a tribuneral as harassment by empoyer of the employee. Nothing is ever as black and white as it seems!

Cheers

[GroundControl]

Thanks for the reply's all point taken onboard
I had already stated my preference to Email correspondance rather than the phone, he does not agree and believes a meeting to discuss the future with me would be the way forward.
this I am not going to do for the reasons below
1) he has asked for the meeting to be tomorow or thursday (too short notice)
2) how can I discuss the future with him when he hasent seen the doctors reports yet
3)the office is 30+miles away and my anxiety would preclude going there(he is not coming in my home)
4)If and when there is a meeting I want representation/witness
He says hes only doing this to assess and help me and the company but all i see is harrassment and him searching to find a reason for dismissal
thanks

[GroundControl]

update NO PAY AGAIN well I sent my forms back to my employer recorded deleviery and asked via email I also sent all the sick notes (5) to them (got them back from DWP) got the forms back today with a letter saying I hadnt crossed out the Ido/Ido not give permission bit even though I had sent an Email explaning I had given consent !!(It was a genuine oversight as writing does give me pain I was not double checking everthing)anyway today I also recdeived my pay slip which sure enough gives me no payment eventhough I had asked them to pay me the 6.8 days holiday pay they owe me (5 days from last year)Is there any law etc I could quote to get them to pay me ?.I havent recieved any money from anyone since end march funds are very low