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Which Form Should I use?

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  • Which Form Should I use?

    Hi everyone, my first post!

    I am currently off sick and my employer has written to a medical professional asking for a report regarding my fitness to attend a meeting.

    They have done this in direct contravention of the 1998 Access to Medical Reports Acts. (they failed to ask my permission)

    According to that act I can apply for a court order to prevent them doing this again. Can anyone tell me which form I need to complete in order to ask for such an order please?

    Many thanks!
    Tags: None

  • #2
    Have you already spoken to your employer about the fact that they are in contravention of the AMRA by writing to a medical professional about obtaining a report without your permission?
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    Comment


    • #3
      Originally posted by lostforwords View Post
      Hi everyone, my first post!

      I am currently off sick and my employer has written to a medical professional asking for a report regarding my fitness to attend a meeting.

      They have done this in direct contravention of the 1998 Access to Medical Reports Acts. (they failed to ask my permission)

      According to that act I can apply for a court order to prevent them doing this again. Can anyone tell me which form I need to complete in order to ask for such an order please?

      Many thanks!
      Yes I did, I wrote to my line manager asking him to remind me of when I gave him consent and he replied that he didn't need consent.

      Comment


      • #4
        Can I suggest before you start a court process that you write to him and explain that under the Access to Medical Records Act Section 3 (1) he does in fact need your consent and that by not doing so he is contravention of this Act. His contravention allows you under section 8 of the same Act to apply for a court order that he complies with that requirement. Give him 5 working days to confirm that he will not in the future apply without your consent to access your medical records and that if he does not agree then you will be applying for the court order.

        This way you will have documentary evidence if needed that you have tried to deal with the matter without having to make the application.
        If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

        I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

        I do my best to provide good practical advice, however I do so without liability.
        If you have any doubts then do please seek professional legal advice.


        You can’t always stop the waves but you can learn to surf.

        You are braver than you believe, smarter than you think and stronger than you seem.



        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

        Comment


        • #5
          Originally posted by Ula View Post
          Can I suggest before you start a court process that you write to him and explain that under the Access to Medical Records Act Section 3 (1) he does in fact need your consent and that by not doing so he is contravention of this Act. His contravention allows you under section 8 of the same Act to apply for a court order that he complies with that requirement. Give him 5 working days to confirm that he will not in the future apply without your consent to access your medical records and that if he does not agree then you will be applying for the court order.

          This way you will have documentary evidence if needed that you have tried to deal with the matter without having to make the application.
          Thanks so much for your advice, it makes total sense and will no doubt save some money!

          Thanks again!

          Comment

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