employers ringing doctor?

username_x

I have given sick notes to my employer, but have recently found out that they have called my doctor to confirm these notes and that I actually attended.

Can anybody tell me if this is legal?

runawaybishop

They can ring to confirm the notes were legitimately given by that doctor. The rest of your personal details are not up for discussion though.

The doctor can refuse to discuss anything at all with the employer though, if that is their policy.

aaakev

Id be more concerned about what they were told by the doctors office, did they confirm you were there?

Tails142

Yes but I don't think the doctor can say anything other than confirm the condition on the sick note. It's really just to confirm that they aren't counterfeit notes.

Your employer can also ask that you attend the company doctor/chief medical officer to perform a fitness to work check on return after sick leave as far as I'm aware.

username_x

Yes, she confirmed I was there. Ive been having a lot of trouble in work lately with a manager who is marking me off shifts she has given me even though I am trying my best to return to work after the last few weeks of being sick.

jimmycrackcorm

It's totally legal for your employer to ask your doctor to confirm you attended and a sick note is genuine but he cannot divulge any details other than a simple yes / no to those questions; he can't go into any detail even about what is written on the note as to cause (if it was unclear for example).

The OH is a nurse and similar rules apply for people ringing her ward to ask about patients.

Your doctor is under no obligation though to answer them and you should request that he doesn't in future. If your employer wishes to ascertain your state of illness then let them send you to your company doctor.

username_x

We don't have a company doctor unfortunately

tempnam

username_x wrote: »

We don't have a company doctor unfortunately

I think what jimmycrackcorm means is: if they are that concerned let the company appoint a doctor (at their own expense) to examine you and confirm your illness...

username_x

tempnam wrote: »

I think what jimmycrackcorm means is: if they are that concerned let the company appoint a doctor (at their own expense) to examine you and confirm your illness...

Blonde moment. I will have to make that suggestion.

runawaybishop

username_x wrote: »

Yes, she confirmed I was there. Ive been having a lot of trouble in work lately with a manager who is marking me off shifts she has given me even though I am trying my best to return to work after the last few weeks of being sick.

Make sure you keep a record of things like this. Being punished when you are legitimately off work isn't acceptable.

LegacyUser

Thanks, I will. I'm due back in today and am on the verge of a panic attack with the thoughts of it. If I was to go back today and anxiety got worse and I felt I had to leave is there anything she can do? The doctor has agreed to cover me with notes if this happens. I work in retail and if I leave I am leaving them really stuck as I'm due to close the shop today. Can she punish me for this?

username_x

Thanks, I will. I'm due back in today and am on the verge of a panic attack with the thoughts of it. If I was to go back today and anxiety got worse and I felt I had to leave is there anything she can do? The doctor has agreed to cover me with notes if this happens. I work in retail and if I leave I am leaving them really stuck as I'm due to close the shop today. Can she punish me for this?

Fred Swanson

This post has been deleted.

Eoin

If it gets to the stage where you can't do the job you've been hired to do - even because of genuine illness - then this can be addressed through the disciplinary process.

Edit: "punish" is an emotive word to use. They can take action is a better way of putting it.