Employment Law

Resde

Hi There everyone,
This is my first time using this web site and first time ever doing something like this. So I apologise upfront if I inadvertly break any of the rules or post my query in the wrong section. My problem is as follows.

I am out sick from work for the last five months. I am also bringing my employer to court because of this illness. My employer has requested me to see their doctor next Friday, which I will do. The question I have is, was my employer within his rights to send a copy of a medical assesment made by my doctor, to their doctor.

My solicitor had already sent my doctor's assesment of me to my employer's solicitor, which I don't have a problem with. But I feel/believe that my employer should have sought my approval before sending it to their doctor.

My solicitor is out of work at the moment due to family issues, so he can't answer the question for me.

I hope you can follow what I just said. I'd be very grateful for any advice offered.

monkeypants

Anytime I've been involved in such a process, as an employer, I've had to get signed consent.

Resde

monkeypants wrote: »

Anytime I've been involved in such a process, as an employer, I've had to get signed consent.

Hi There Monkeypants,
I would have thought the same. The problem I have is that I feel that the report from my doctor is open to interputation (even misleading in parts), and allows an opening for the company doctor to decide either way he wishes. I didn't see the report before my solicitor sent it. I would never have sent it if I had. I'll let my slicitor deal with it when he returns. Thanks for the reply.

ResearchWill

Resde wrote: »

Hi There Monkeypants,
I would have thought the same. The problem I have is that I feel that the report from my doctor is open to interputation (even misleading in parts), and allows an opening for the company doctor to decide either way he wishes. I didn't see the report before my solicitor sent it. I would never have sent it if I had. I'll let my slicitor deal with it when he returns. Thanks for the reply.

You said this matter is in court, so I assume you actually mean Court not the EAT etc., well then the defendant is entitled to for example seek discovery of the medical records, usually this would be for 5 years before the incident and records from incident todate.

Also at some stage the defendant is going to have to see any report you want to rely on at hearing, you don't just show up with report and doctor at hearing.

Finally if the defendant is getting you examined then their doctor will need to see any medical history and any reports you are going to use to help him form an opinion.

It's simple in a personal injury case you have very little privacy in relation to medical history once you start proceedings. Remember it is you bringing them to court.

Resde

ResearchWill wrote: »

You said this matter is in court, so I assume you actually mean Court not the EAT etc., well then the defendant is entitled to for example seek discovery of the medical records, usually this would be for 5 years before the incident and records from incident todate.

Also at some stage the defendant is going to have to see any report you want to rely on at hearing, you don't just show up with report and doctor at hearing.

Finally if the defendant is getting you examined then their doctor will need to see any medical history and any reports you are going to use to help him form an opinion.

It's simple in a personal injury case you have very little privacy in relation to medical history once you start proceedings. Remember it is you bringing them to court.

Hi ResearchWill,

Thanks for the response. I have to say from the outset that I have no legal background, so I am open to correction at all times.

You are correct in saying it's going to court, The High Court. I do know that discovery allows the company to obtain such medical records. But I believe that this is done through the court process (prior to actual commencement of case). Regardless of this, my solicitor sent my medical assesment to my employer, so they have the information prior to going to court.

I am very interested in your assertion that the medical history would go back five years from time of incident. How sure are you about this?

I do understand what you're saying about providing their doctor with information about my medical assesments. But the question I have is, was my employer acting within the law by sending my medical assesment to their doctor, without getting my consent?

ResearchWill

Resde wrote: »

Hi ResearchWill,

Thanks for the response. I have to say from the outset that I have no legal background, so I am open to correction at all times.

You are correct in saying it's going to court, The High Court. I do know that discovery allows the company to obtain such medical records. But I believe that this is done through the court process (prior to actual commencement of case). Regardless of this, my solicitor sent my medical assesment to my employer, so they have the information prior to going to court.

I am very interested in your assertion that the medical history would go back five years from time of incident. How sure are you about this?

I do understand what you're saying about providing their doctor with information about my medical assesments. But the question I have is, was my employer acting within the law by sending my medical assesment to their doctor, without getting my consent?

Discovery can be after a court order, it can also be voluntary, this saves time and money. The courts will usually order up to 5 years on medical records.

A medical report can also be disclosed without prejudice, that is they can use it in the case only to help to settle.

My understanding is that any medical info that can help the doctor should be given to him to help him get to a opinion. If you give them nothing then don't expect the case to settle.

Resde

ResearchWill wrote: »

Discovery can be after a court order, it can also be voluntary, this saves time and money. The courts will usually order up to 5 years on medical records.

A medical report can also be disclosed without prejudice, that is they can use it in the case only to help to settle.

My understanding is that any medical info that can help the doctor should be given to him to help him get to a opinion. If you give them nothing then don't expect the case to settle.

Thanks again ResearchWill, I do thank you for your help. I'll confirm it all with my solicitor as soon as he returns to work.

Just for the record, I have no intention of settling. I have been made two offers already and won't even consider them. Without going into detail, the company was not just neglegent, but the injury/illness was caused by a deliberate action by a manager. I know it sounds weird but the manager actually intended to cause me harm. I'm considering seeking a criminal investigation also. Maybe it's too late for that, I don't know.