chimp 299 Posted January 13, 2009 Report Share Posted January 13, 2009 anyone here help? ive been asked to sign a consent form at work so they can access my medical records which i dont have a problem with and they have given me a deadline of thursday , i was only told of this on friday . anyone know what time scale i have to give them / or not my consent ? as they are firing people at the moment for the slightest thing and i feel im next in line. acas is closed now but need some info by morning . thanks Quote Link to post Share on other sites
archie 3 Posted January 13, 2009 Report Share Posted January 13, 2009 anyone here help? ive been asked to sign a consent form at work so they can access my medical records which i dont have a problem with and they have given me a deadline of thursday , i was only told of this on friday . anyone know what time scale i have to give them / or not my consent ? as they are firing people at the moment for the slightest thing and i feel im next in line. acas is closed now but need some info by morning . thanks tell them to bollocks chimp thay aint got no rights looking at your medical records unless you,ve had a lot of time off with a perticular problem then thay can only do so with your permission. if your in any union get in touch with your rep Quote Link to post Share on other sites
davyt63 1,845 Posted January 13, 2009 Report Share Posted January 13, 2009 anyone here help? ive been asked to sign a consent form at work so they can access my medical records which i dont have a problem with and they have given me a deadline of thursday , i was only told of this on friday . anyone know what time scale i have to give them / or not my consent ? as they are firing people at the moment for the slightest thing and i feel im next in line. acas is closed now but need some info by morning . thanks if you have nothing to hide then sign it ,it may save your job! considering the current climate for jobs? rgards davy Quote Link to post Share on other sites
chimp 299 Posted January 13, 2009 Author Report Share Posted January 13, 2009 i dont mind signing it but i think it will be used for another purpose then what they are asking and i know they will be breach on the data protection act , they just havent giving me much time to get full legal advice and wanted to know if there is a time scale of my signing the consent form ? im not with a union but will be taking a witness with me in the morning and be asking for what purpose he wants it Quote Link to post Share on other sites
SNAP SHOT 194 Posted January 13, 2009 Report Share Posted January 13, 2009 Draw up a letter of your own stating that the company will not divulage the information given to them in trust, and that the information will be held in strictest confidence, and get them to sign it........... What job do you do when they are looking at medical history, forklift driver maybe, or machines, did you have to divulage medical info, on getting the job?... get info from citizens advice somehow before you go in.......... good luck. Quote Link to post Share on other sites
magus69 0 Posted January 13, 2009 Report Share Posted January 13, 2009 (edited) No mate you definately don't have to sign any sort of consent for your employers and or representitives working on their behalf to access medical records. However that doesn't mean that they can't ask for it,if you've had time off for a specific problem then they would want to speak to your GP/Specialist about the chances of relapse/re-occurance. Right this exact same thing happened to myself recently and what I did was to say "no I will not give you access to my medical records, but I will submit myself for medical examination by a medical practitioner at the companys expense,and I will expect to be paid for my time while undergoing this and any out of pocket expenses I may incur". I did this on advice from ACAS and put my response in writing. Hope this has helped? Mike... PS. Make sure you add that you have sought legal advice regarding the issue. PPS. You didn't give an indication as to why they would need access to your medical records,have they given you a reason?. Edited January 13, 2009 by magus69 Quote Link to post Share on other sites
SNAP SHOT 194 Posted January 13, 2009 Report Share Posted January 13, 2009 No mate you definately don't have to sign any sort of consent for your employers and or representitives working on their behalf.However that doesn't mean that they can't ask for it,if you've had time off for a specific problem then they would want to speak to your GP/Specialist about the chances of relapse/re-occurance. Right this exact same thing happened to myself recently and what I did was to say "no I will not give you access to my medical records, but I will submit myself for medical examination by a medical practitioner at the companys expense,and I will expect to be paid for my time while undergoing this and any out of pocket expenses I may incur". I did this on advice from ACAS and put my response in writing. Hope this has helped? Mike... P.S. Make sure you add that you have sought legal advice regarding the issue. thats very good advice indeed.... Quote Link to post Share on other sites
MR TEA POT 1,287 Posted January 13, 2009 Report Share Posted January 13, 2009 (edited) they just havent giving me much time to get full legal advice The reason being is because they know you don't have to give them your consent,they are just pressuring you in to doing it. I was off work for 3 months with a hernia,my company sent me a letter along the same lines as yours which i had to sign within a week BUT mine said at the bottom if i did not give my consent i should think about my future with the company,so i rang the human retards department....i mean resources.........and said whats the meaning off this shit if i don't sign you will get rid off me and they where going on and on and said right i will go to citzens advice because i am not happy about this and i said if you get rid of me because of this i will take you to court.2 days later the area manager came down and said sorry about the letter and the threat.The thing was i was going to sign it because i had nothing to hide,but when i saw the threat at the bottom differant kettle of fish. So don't let them pressure you in to it mate EDITED TO ADD as above get legal advice mate,acas, citizens advice. Edited January 13, 2009 by MR TEA POT Quote Link to post Share on other sites
Guest blackntan Posted January 13, 2009 Report Share Posted January 13, 2009 pity you are not a paki you would make a right few bob at the moment mate Quote Link to post Share on other sites
countrymaid 2 Posted January 13, 2009 Report Share Posted January 13, 2009 I know this is a bit different to your case, but ive just gone through a 4 year custody battle over my kids with my ex that involved CAFCASS. They asked for my medical records and also my sons from my first partner, when i told my Doctor she hit the roof and wanted to know who was going to be looking at our medical records and what made them qualified to be looking at our records. Id first want to know who will be looking at them and what medical qualifications they have. Quote Link to post Share on other sites
countrymaid 2 Posted January 13, 2009 Report Share Posted January 13, 2009 Dont feel pressurised into letting them see your records, unless you have broken the law or something nobody has the right to see your Medical records. Im currently taking the CAFCASS doctor to the GMC as i feel she should be struck off for what she did to me and my family. Quote Link to post Share on other sites
undisputed 1,664 Posted January 14, 2009 Report Share Posted January 14, 2009 Obtaining the employee's consent Where employees are at work, or you are able to speak to the employee directly, you can ask them to sign a Consent Form. You should explain why you want to obtain medical information, what type of information you will be obtaining (See below for more information on this), and their rights. Where an employee is absent from work due to sickness or injury and you do not have personal access to them, you should write to them enclosing a copy of the medical consent form and a stamped address envelope for their reply. As well as giving or refusing consent, an employee has several options in accordance with the Access to Medical Reports Act 1988. We will deal with these below. The employee refuses consent Under these circumstances, you should record the employee's refusal in writing. In addition to the letter, you should point out to the employee that their refusal to give consent will mean that any decisions you need to take about their employment will have to be taken in the light of the information you have available. A tribunal will want you to have made every reasonable effort to gather relevant information, but cannot blame you when prevented by your employee from doing so. They will however want to be assured that you have pointed out the consequences of refusing consent. Employee gives consent but want to exercise the right to see the report first. Where this is the case, you must state in your letter to the employee's GP/Specialist that the employee wishes to have access to the report before you do. Unfortunately where an employee chooses this option, this can delay proceedings. The employee has 21 days from the date of the application for medical information in which to visit their GP/Specialist or contact them to request a copy. If they do not make any attempt to view the report in 21 days, then their GP/Specialist is at liberty to forward the report to you. Once they have seen the report, they can ask the GP/Specialist to make any alterations to it, or if their request is refused they can ask that their objections be recorded on the report. Until any amendments or objections have been added you have no right to access the report, and regrettably, doctors can be notoriously slow in this regard. Quote Link to post Share on other sites
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