Summary of Rights Related to Medical Reports Obtained from GP’s and Medical Consultants
No application may be made to a General Practitioner or Consultant for a medical report relating to an employee without:
a) the employee being notified that a report is being requested, and
b) the employee’s consent to the application being made
An employee has the right to:
- refuse to allow a report to be requested from a General Practitioner or Specialist
- request to see the report before it is sent
- refuse to allow the report to be sent, after having seen it
- request that changes to be made to the report before it is sent because he/she considers it to be incorrect or misleading, (this request must be made to the GP in writing) or
- request that his/her views are attached to the report if there is any part of it with which he/she disagrees and which the GP or specialist is not prepared to alter, (again this request must be made to the GP in writing).
If the employee requests access to the report before it is supplied, The London General Practice must:
- notify the employee when the report is being requested from the GP or specialist
- notify the GP or specialist that the employee has made such a request
The GP or specialist may not then supply the report unless:
a) consent has been given;
b) the report has been amended to take account of the employee’s views or a statement of
those views has been attached to it;
c) a period of 21 days from the date the application for the report was made has gone by without the employee having contacted the GP to make arrangements to see the report.
If an employee consents to the report being obtained without requiring access to it prior to it being given to The London General Practice, but subsequently decides that he/she wishes to have access to it, he/she may approach the GP or specialist direct. In such circumstances the GP or specialist may not give the report to The London General Practice without the employee’s consent (subject to any amendments), or until a period of 21 days has passed since the employee indicated his/her wish to see the report, without the employee having contacted the GP to make arrangements to see the report.
A GP or specialist is required to give an employee access to any medical report supplied about him/her for employment or insurance purposes in the previous six months, at the employee’s request.
A GP or specialist is not obliged to give access to a medical report where disclosure would, in the opinion of the GP or specialist, cause serious harm to the physical or mental health of the employee, or others, or would indicate the intentions of the GP or specialist in respect of the employee or where disclosure would reveal information about another person who has supplied information to the GP or specialist, unless that person has consented, or is a health professional where the information was provided in a professional capacity.
In these circumstances the GP or specialist will inform the employee that this is so, and will give access to any parts of the report not affected by the above clauses. The GP or specialist
will not pass on the report unless the employee gives consent.
The Access to Medical Reports Act 1988 applies only to medical reports written by a medical practitioner who has been involved in some way in the diagnosis or treatment of the individual patient. Thus, medical reports written by “experts” or indeed by any doctor who has never been involved in treating the patient are excluded from this legislation.
However, it is The London General Practice’s policy that its doctors should be prepared to discuss with the employee the purpose of the assessment, content of their reports and especially the type of questions that they are being asked to answer. It is also our policy to
send a copy of the completed occupational health report to the employee should they wish to receive one.
Should you wish to make any comment about the occupational health report please contact your Human Resources Department who will liaise with The London General Practice on your behalf.