Medical Reports

Employers may sometimes have occasions when they want to obtain medical reports on particular staff members. In addition some employers may seek medical reports on prospective employees.

It is important that employers appreciate that certain formalities and procedures are correctly followed when seeking medical reports.

As for job applicants express agreement must be reached before any medical check or information is obtained. INFORMED consent is required, particularly if the medical enquiries include any medical examination or procedure. So, the nature and purpose of the examination or procedure must be explained, together with the fact that the results will be disclosed to the potential employer (and possibly a number of staff of the potential employer). Such information is “sensitive personal data” as defined by the Data Protection Act so explicit consent is always required.

Employers should consider if they can make any reasonable adjustment to the particular role or work practices to accommodate the needs of any disabled job applicant. Obtaining a medical report, with the consent of the job applicant, will be helpful in considering what adjustments may be necessary, and possible, to enable the disabled applicant to do the job in question. Obtaining a medical report is always a crucial step for an employer to take in dealing with the issue of reasonable adjustments to the tasks, work, and workplace of any disabled employee. If the employer fails to carry out reasonable adjustments it will be vulnerable to a claim of disability discrimination from the affected employee.

Naturally the same issues apply to the matter of an employee’s capability to do his/her job, in particular if the employer is considering terminating the employee’s employment on grounds of ill-health.

Whenever an employer needs to obtain a medical report on an employee it must ensure that it complies with the requirements of the Access to Medical Reports Act 1988. This legislation obliges the employer to give information to the employee, including the fact that the employee has the right to access the report before it is provided to the employer.

Employers must ensure that they comply with the strict requirements of the Access to Medical REPORTS Act 1988 if they are to rely on the medical report in any future litigation, or dispute with the employee. (link PAYG Letters & Policy).