An employee does not wish to disclose her illness. 9 weeks of certificates stating, “unfit for work” have been received. Can a company doctor disclose the illness to the employer or can we insist on knowing the nature of the illness or move to dismissal or some other action?Posted in : First Tuesday Q&A NI on 8 January 2013
Under the Access to Personal Files and Medical Reports (NI) Order 1991 (the Order) an employer cannot request a report from an employee’s own doctor without the employee’s consent, which should be recorded in writing. While referring an employee to a company doctor (which we assume to be the case here), should fall outside the scope of this Order, the employee should still be asked to consent to a referral. It would be worth checking what, if any, provision for consent is contained in this employee’s contract of employment or company handbook for such a referral, including consent to the processing of sensitive personal data under data protection principles. This may allow the employer to
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Back to Q&A's This article is correct at 02/09/2015
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