I have recently been diagnosed with endometriosis. I have had 4 weeks off work all of which I have provided my employer with my certificates.
Due to the Bradford Factor, I am now facing a disciplinary hearing and they have requested that I give them permission to request my medical history from my GP. I have a feeling that if I don't, they will sack me. Is this normal and do I have any rights with This?
I'm not 100% comfortable offering someone my entire medical history.
Written by
Sazikinz
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Pretty sure they can’t put you in a position of forcing you to consent to release your medical records (which is what a “give it up or be fired” amounts to). As MrsK7 said, speak to your union/CAB.
As you have sick notes signed by your doctor this should be enough for them - they should consider that a medical professional wouldn’t just be signing you off carelessly.
Unsupportive work environments make me so angry!
Good luck with it and I hope you get some good advice from a professional. 🍀
You are protected under the 2010 Equality Act which considers endo a disability if you meet the criteria in which case they should be making reasonable adjustments. I really can't see that they can ask for copies of your records as often they don't make much sense to anyone else. I imagine they can ask for a thorough report from your doctor which would essentially explain your situation Will pm you with more info.
Ask if you can have an appointment with an occupational health person. They are an independent health care person and they just help bridge the hadi between an employee with a long term condition or disability and an employer. They only pass on what needs to be and can also ask for reasonable adjustments to help you cope at work. One of mine is that my endo is all classed as one sickness not multiple individual days and things like that
I strongly support the advice given for you to contact the Citizens Advice Bureau. You are under no obligation to release your medical records to your employer and shouldn't be placed in a position of feeling pressured to do so. Your medical records contain personal information. Some of this may have nothing to do with the condition in question. Also, your employers are not medical professionals (I am assuming?) so will have no professional expertise on whether your condition incapacitates you or how much it can vary from person to person (both in symptoms and treatment). This is not the same as requesting confirmation from your doctor that you can safely perform your employee responsibilities, despite your condition, as your employer does have a duty of care to not place you or others at risk. You may have heard of someone on long term recovery requiring this when returning to work or if someone is able to return to work sooner than originally anticipated. It is a certificate or letter - not open access to your medical records.
However, if you do have insurance coverage via work which is paying your wages (that you would not normally receive) due to health related absences the INSURANCE company may require further information from your doctor to support your claim which could potentially mean access to your medical records. This is not the same as providing your employer with free access to your medical records.
I hope you find a solution to your situation. Some employers will try to take advantage of an employee's fear and vulnerability. The Citizens Advice Bureau will be impartial. In my past experience I have discovered that union reps are not always impartial as they are also vulnerable to being manipulated by your joint employer.
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