How to obtain and use medical reports on employees

Original author: Lin Hinson

Brightmine editor: Susie Munro

Summary

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• Be consistent when deciding when to obtain a medical report and include trigger dates in an absence policy.
• Identify and record the purpose of obtaining a medical report and specify the legal basis for processing the employee's personal data under the UK GDPR.
• Obtain the explicit consent of the employee as required under the Access to Medical Reports Act 1988, in addition to complying with the UK GDPR.
• Consider which medical adviser to instruct to prepare a report.
• Provide the medical adviser with relevant information about the workplace and the employee.
• Keep in mind the purpose of the report when deciding which questions to ask.
• Ensure that the report is kept confidential and secure and ensure that only the relevant people have access to it.
• Discuss the contents of the report with the employee with a view to agreeing an action plan.
• Consider any reasonable adjustments suggested in the report and discuss these with the employee.
• Be aware of the requirements for a fair dismissal and the duty to comply with the disability provisions of the Equality Act 2010 if considering dismissing the employee for capability.