UK Access to Medical Reports Act 1988 - disclosure forms
I'm in dispute with my employers, over their unwillingness to consider introducing H&S measures for those at higher risk of death or long term complications from Covid-19.
Occupational Health are now involved, in the shape of a third party provider called PAM Group.
They've just sent me a disclosure form which includes the following:
1. I consent to PAM OH Solutions, who I have been advised is the occupational health provider to my employer, applying for a copy of my COMPLETE medical records
2. I also consent to PAM OH Solutions obtaining specific medical information from my GP or Consultant in order to assist them in providing advice to my employer.
and then further down the page:
All fields are mandatory requests cannot be processed if information is incomplete.
This seems to imply to me, that they won't accept the form unless I tick both of those statements. Now I'm quite happy to give access to info that's relevant but I don't really want them gaining access to my entire medical history since 1975. The TUC website suggests that would, in any case, be against GMC guidance for Doctors:
[Doctors should] only disclose factual information you can substantiate, presented in an unbiased manner, relevant to the request; so you should not usually disclose the whole record, although it may be relevant to some benefits paid by government departments and to other assessments of patients' entitlement to pensions or other health-related benefits...
Sometimes a report contains detail that is not relevant to the employer or pension fund. Often all that is necessary is a recommendation on fitness to work along with any information directly relevant to that. There is no need for the full medical record, nor should information on any other conditions be disclosed unless directly relevant. If the employee is concerned over this they should raise it with the doctor and, if necessary, remind them of the GMC advice (above)
Has anyone else been in this situation?
What's the best course of action?
I am dealing with something similar in Canada with a third party group, but as a Union Steward in my workplace. Let's call this third party RP.
RP was brought in as an absentee management consultant and to make recommendations for those who need accommodations. Anyone I am aware of who has been involved has nothing good to say about the experience. I have also had some questions in over the phone consultations as employees have the right to union representatives. One question i had was whether the employees had the right to see the information filled out by RP and sent to the employer. The answer I got wasn't very comforting as management apparently has the first rights to your own medical information here.
If my assumption, and based on what I have seen from RP here is correct, PAM group will not have your best interest at heart. In fact, you are likely dealing with a situation that is supposed to be voluntary, but you still could face discipline action if you don't consent. Furthermore, even if your documentation is good enough and they make recommendations to your employer, management still has the right to say no to the recommendations due to "undue hardship."
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