Time off with Depression, employer requesting medical records after 5 weeks of certified sickness - help please

[bekahblee]

Hi everybody,

 

I have been at my job since July 2011. It was initially a 6 month contract which then got extended to May of this year, with the possibility of being made permanent after this time.

 

I have suffered with depression on and off since my mid teens (I am now 22). I had a long period of feeling ok, and then during January I started to feel very ill again. I had had a long period of feeling "bullied" by my manager, and raised a grievance which was dealt with in the correct fashion by my employer.

 

After this, I have been very unwell with depression and anxiety and have been signed off work. I am in the 5th week now and have been on a weekly review with my doctor, sending in weekly sickness certificates to my employer, and keeping them updated with my condition.

 

On Tuesday my doctor told me that she is going to refer me for psychiatric treatment, and has signed me off until April 12th. I contacted my employer and let them know this, and sent my doctor's certificate off to them as usual.

 

I have this morning received a letter requesting my consent to obtain a medical report from my GP or specialist, and saying that they will be making decision on whether or not to terminate my employment based on the findings of the report (ie if the report doesn't give a date in the "reasonably near future" of my returning to work).

 

I have only been off for 5 weeks and been certified from the start. I feel like they are trying to get rid of me, don't believe me and I am not being treated fairly. If someone had a broken leg, they would be off for longer than this and not know exactly when they will be back, and there's no way that they would be treated like this.

 

Can you help? I'd just like to know my rights, and if they terminate my employment does it count as unfair dismissal? I am so stressed and unwell at the moment and this is like the final nail in the coffin - losing my job will make me even more ill.

 

Thanks so much, Bekah

[papasmurf1cx]

What was the outcome of the Grievance you raised? Was the cause of the illness AFTER the grievance? Was there any contributory factor from the employer?

[assisted blonde]

You really dont have any employment rights until you have been employed for a year, employers can sack you on a number of grounds but I would say that in this case they could be looking at competancy, in that due to the time of and nature of your illness you may not be able to cope with your job in the long term.

However they must follow correct procedures to dismiss you.

Obviously you are worried but as you have already after less than a year had to raise a grievence for bullying do you think that this is a company you could be happy contiuing to work for. It is good that your grievence was dealt with correctly which could suggest that your employers do adhere to correct procedures in which case they would hopefully follow these if they decide to part company with you.

 

If your job is causing you problems with your mental health then you need to look after yourself, there is no point in contiuing to try and work in an environment that is not right for you if all that happens is that you end up having to go off sick.

[johnvernon74]

Depression is classed as a disability under the Equality Act and your employer should try and make reasonable adjustments. Their may be a capability issue here but your employer has to look at all avenues and treat your fairly. The one rule issue probably would not effect you as you are classed as disabled and exempt from it. You can raise a claim to ET but watch your timescale as its very strict 3 months - 1 day. from last issue of alleged discrimination under DDA legislation.

 

5 weeks to decide if you are capable or doing your job is silly. I would raise a further grievance and find out if anyone has been off longer and what the action was.

 

YOU have rights here, do not resign and exercise your right. Allow them to get a doctors report but ensure its not released to your work until you discuss and see it before you send to your work.

 

Good luck, and best wishes

Edited March 24, 2012 by johnvernon74
further info

[MathewLisett]

i could be incorrect here but they hold no grounds to gain your medical records. they could request you attend a medical examination, which is likely part of the company as thats normal when somebody is off sick for a larg period of time. but even with myself that didnt happen untill i think 2 years into my illness.

[honeybee13]

i could be incorrect here but they hold no grounds to gain your medical records. they could request you attend a medical examination, which is likely part of the company as thats normal when somebody is off sick for a larg period of time. but even with myself that didnt happen untill i think 2 years into my illness.

 

Hello there.

 

I've been through this. They can write to your GP to ask about your state of health, but as I understand it, only in relation to your current problem. They're not allowed to trawl back through your records.

 

As johnvernon said, you can see the letter before it goes to your employer to make sure you're happy with it.

 

My best, HB

[MathewLisett]

sorry you have been through it? as in its alsready been stated. if so i dont see another post by you on this topic

[honeybee13]

sorry you have been through it? as in its alsready been stated. if so i dont see another post by you on this topic

 

No, I mean the same thing happened to me when I was off sick.

 

HB

[becky2585]

The only thing to be aware of here is that if you refuse to allow them to get a medical report, they may well be entitled to dismiss you, without it being disability discrimination, as you have obstructed their attempts to get medical evidence in relation to your health. Without that information, they could fairly dismiss you as they have attempted to gather all evidence relating to your disability and future fitness to work. I'd say therefore that its in your interests to allow the information to go back to your employer.

[johnvernon74]

The only thing to be aware of here is that if you refuse to allow them to get a medical report, they may well be entitled to dismiss you, without it being disability discrimination, as you have obstructed their attempts to get medical evidence in relation to your health. Without that information, they could fairly dismiss you as they have attempted to gather all evidence relating to your disability and future fitness to work. I'd say therefore that its in your interests to allow the information to go back to your employer.

 

I agree with you becky2585 but clearly in this case the OP would only be looking at the record before going to her employer. From experience - and very recently - The Equality Act certainly is on the side of the employee.

[bekahblee]

Hi all,

 

Thanks for your responses. I did not think for one second of witholding my medical report from my employer, I just feel that they are putting a large amount of pressure on me to just "get better", which isn't possible, or fair.

 

By "raising a claim to the ET" - what do you mean by that? Sorry I don't know the abbreviations.

 

Many thanks,

 

Bekah

[honeybee13]

Hello there.

 

ET=employment tribunal.

 

HB

[lbruk]

if you refuse to release your medical records, then they are entitled to make a decision without your evidence, I'd be very careful here, I was off with depression and Anxiety and after about 2 months my employer asked for my medical records. They are entitled to ask for your current illness records but nothing else, also they really should write a questionnaire to your GP or Consultant. Your main problem is that you have not been employed for over 12 mths and therefore and employment tribunal will take that into account in deciding your case.

[bekahblee]

So do I not really have any rights then, unless I have been employed for over a year?

[lbruk]

you have very limited rights within 12 mths, you are covered by disability discrimination etc and if they are making decisions based solely on their opinion of your disability then that is wrong.

But you have to have a disability within the Equality Act 2010, which states that it must have a long term and adverse affect on normal day-today activities.

 

If you do not give them access to your medical status then how are they to make a decision that is fair?

[bekahblee]

I am not planning to refuse them, that wasn't the intended point of my posting on here, I just wanted to see how I should handle the situation and what my rights are.

 

Thanks.

[lbruk]

i would say give them access to your records for your current illness, and more importantly concentrate on getting better