Work requesting drs records

[smadge]

Hi

I have a real issue on my hands. Work are doing an investigation on me because i have had 3 periods of sickness in 6 months, they have FORCED me to sign a consent form asking for my doctors records, because i have bipolar they said this was a really good idea and that it would help them understand. on the form is said that i wanted the records before they did however im really woried, even though i have nothing to hide i dont want them having my drs records. i feel it is a breach of my dpa. so my question is, if ive signed the form to say im happy with them to have them (Even though i felt pressured) can i ask my drs to refuse to send out this information??

please help

[Eloise01]

Re: Work requesting drs records

You have a diagnosed disability and a poor attendance record. If you fail to cooperate then you put your employment at risk. What they have asked is absolutely normal and good practice. You can still withdraw your agreement, but be very clear - you are putting your employment at risk. You can talk to your doctor about what they say. You can refuse to let them say anything you aren't happy with. But if you have nothing to hide, don't get worried. This really is quite normal and in your own best interests.

[enquirer]

Re: Work requesting drs records

... they have FORCED me to sign a consent form asking for my doctors records ...

How did they force you?

... can i ask my drs to refuse to send out this information?

Yes, although you will need to act quickly and it would be wise to explain why you are doing so. You may also choose to give a limited consent to specific enquiry.

[smadge]

Re: Work requesting drs records

ok thanks.

i felt forced because i work in a very busy call centre and the form was shoved under my nose whilst i was on a call. after the call was finished i was told this would be benficial and i should sign it asap. i said i would think about it and i was pulled into a room and was told that it was beneficial to the company to have my details. i didnt sign it there and then i had to go back to work. the HR lady kept coming back every 20 mins to see if i had signed it and kept bugging me to do it even though i was busy doing my job, she got on my nerves that much i just signed it to get her away from me. there was no need for her to pester me

[Eloise01]

Re: Work requesting drs records

As stated, if you wish to withdraw consent you can. But the consequence of that is potentially that the employer has no verified evidence of your disability and your sickness absenteeism is treated in the same way as other people's. Which, with such a level of absence may mean you go into procedures that could result in your dismissal. If you want your employer to help you in this matter, you need to also "play the game".

[smadge]

Re: Work requesting drs records

i am 'playing the game' they have my drs records from the last time they requested it when i first started i mentioned i had bipolar...so i do not understand why they need them yet again. its confirmed they know about my condition

[Eloise01]

Re: Work requesting drs records

It isn't just about confirming you have it. It may be about confirming that your absences were as a result of it (not the flu). Or about whether something has changed they need to know about. I know this may sound awful to you, but sometimes people with disabilities lie. Just like anyone else. They might claim all illness is disability related when it isn't. That isn't fair on everyone else. I'm not saying they think that. Just that there are lots of reasons to ask questions again and that doesn't necessarily mean anything bad. If you have nothing to hide, you honestly have no reason to look like you are hiding it. Employers do this all the time and you shouldn't worry. We're always here. If something isn't going right we'll try to help. But just worrying won't help you will it? This is normal.

[smadge]

Re: Work requesting drs records

ok not a problem. I just felt so pressured by the HR lady thats all. Ill get back to you if there is an issue

[Eloise01]

Re: Work requesting drs records

I am not the world's greatest fan of HR, so you won't often find me sticking up for them. But she's probably junior and just doing what she was told! Just like you! Don't worry yet. More often than not there's nothing to worry about. And if there is we'll deal with that when there is. Okay?

[smadge]

Re: Work requesting drs records

oh shes been there for years and is the most stuck up little so and so ever! lol
thanks for your help. i have another question though. ive had two previous verbals at work for a sicknesses because of my condition and being off (which couldnt be helped) they have now been removed from my account so say if they were to discipline me, would i get another verbal as there are no other sanctions or would i expect a written? im expecting a written anyway.

[Eloise01]

Re: Work requesting drs records

And someone who has been there years isn't junior? You didn't see the Head of HR asking you personally did you?

I don't know what your disciplinary /sickness policy is so I can't answer this precisely without knowing. But probably it would be verbal.

You need to understand that a disability gives you an opportunity to have SOME sickness related to the disability discounted. Not all of it and not for ever. The law is about being fair to everyone. Including the employer. It's something of a balance, there aren't precise rules. Let's see how it goes and take it from there?

[bluebottle]

Re: Work requesting drs records

It isn't just about confirming you have it. It may be about confirming that your absences were as a result of it (not the flu). Or about whether something has changed they need to know about. I know this may sound awful to you, but sometimes people with disabilities lie. Just like anyone else. They might claim all illness is disability related when it isn't. That isn't fair on everyone else. I'm not saying they think that. Just that there are lots of reasons to ask questions again and that doesn't necessarily mean anything bad. If you have nothing to hide, you honestly have no reason to look like you are hiding it. Employers do this all the time and you shouldn't worry. We're always here. If something isn't going right we'll try to help. But just worrying won't help you will it? This is normal.

That remark is totally out of order, Eloise. Before FMS forced me to give up work, I worked with disabled people, both professionally and voluntarily, over a 35-year period. The ones I have found who lie are the faux disabled, that is, those who fabricate disability to defraud the system. Many of those who engage in this type of fraud are reasonably or comfortably well-off and, when challenged, claim they are entitled to claim or do it because they think they can get away with it. Those who are genuinely disabled, all too often, get demonised as a result.

[smadge]

Re: Work requesting drs records

ok thank you. you've been a great help

[bluebottle]

Re: Work requesting drs records

oh shes been there for years and is the most stuck up little so and so ever! lol
thanks for your help. i have another question though. ive had two previous verbals at work for a sicknesses because of my condition and being off (which couldnt be helped) they have now been removed from my account so say if they were to discipline me, would i get another verbal as there are no other sanctions or would i expect a written? im expecting a written anyway.

If your employers knew you had bi-polar when you started your employment, you were up front with them. There is also the matter of the Equality Act 2010 and the legal requirement to make reasonable adjustments. If your employers simply require confirmation of your absences through bi-polar, that is not unreasonable. However, if they are planning to scrutinise your medical records further than that, that could raise a number of issues and one I can think of is discrimination. You need to seek competent legal advice and I would also advise you to speak to the Equality and Human Rights Commission (EHRC).

[Eloise01]

Re: Work requesting drs records

That remark is totally out of order, Eloise. Before FMS forced me to give up work, I worked with disabled people, both professionally and voluntarily, over a 35-year period. The ones I have found who lie are the faux disabled, that is, those who fabricate disability to defraud the system. Many of those who engage in this type of fraud are reasonably or comfortably well-off and, when challenged, claim they are entitled to claim or do it because they think they can get away with it. Those who are genuinely disabled, all too often, get demonised as a result.

So people with disabilities can never lie but everyone else can? Isn't that rather discriminatory?