Employer requesting medical records

Hello there. I would be happy to explain where you stand on this.

The short answer is yes, your employer can ask for a medical report or an occupational health assessment, but they cannot do this behind your back. There are strict rules they must follow, and they need your clear permission.

Here is how the law applies to your situation.

Medical reports from your GP or specialist:

Under the Access to Medical Reports Act 1988, your employer must get your written consent before approaching your doctor or specialist for a report. You have very strong rights if they take this route.

You can ask to see the report before it is sent to your employer, and you can ask your doctor to change anything you feel is incorrect or misleading. If you and the doctor cannot agree on a change, you can ask them to attach a statement with your views to the report. You can also entirely refuse to let your employer see the report.

It is worth noting that employers should only ask for a medical report to answer specific questions about your fitness to work. They should almost never ask for your full, complete medical records. Your medical history is highly protected health data under the Data Protection Act 2018. Asking to look through your entire medical history is usually excessive and a breach of data protection laws.

Occupational health assessments:

Many employers prefer to use an independent occupational health service rather than your everyday GP. Occupational health professionals specialise in how health affects work, and how work affects health, so their reports are often more practical for workplace issues.

Your employer still needs your consent to refer you to occupational health and to see the resulting report. However, you should check your employment contract. Lots of contracts include a health clause saying you agree to attend an occupational health assessment if your employer reasonably asks you to.

What happens if you refuse:

You are legally entitled to say no to a GP report or to attending an occupational health assessment.

However, before you refuse, it is important to think about the practical consequences. If you withhold your consent, your employer will have to make decisions about your ongoing employment, sickness absence, or capability based only on the information they already have. This might mean they make decisions that are not in your best interests because they do not have the full medical picture or recommendations for how they could support you.

Practical next steps:

1. Ask what they are looking for. Before agreeing to anything, ask your employer exactly what questions they are hoping the doctor or occupational health professional will answer. This makes sure the request is focused on your job and not a fishing expedition.

2. Check your contract and workplace policies. Look to see if there is an attendance or sickness policy that sets out when occupational health is usually involved, and check if you agreed to attend assessments when you signed your contract.

3. Consider the benefits to you. An occupational health report is often the best way to get your employer to make reasonable adjustments for you. The report might recommend changes to your hours, your duties, or your workspace to help you stay in work or return to work smoothly.

4. Ask to see the report first. If you decide to consent to an occupational health referral or a GP report, make sure you tell the provider right at the start that you want to read the report before it is sent to your employer. This gives you peace of mind and ensures there are no surprises.