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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44876
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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i have experienced migraines for over 25 years but have not

Customer Question

i have experienced migraines for over 25 years but have not visited my GP for treatment for them for over 10 years and my GP has since retired. I have been informed by my employer that i have had 8 days sickness in the past two years because of migraines and they are now asking for access to my medical records. do i have to grant them legally?

thanks

Richard
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today.
Can you please tell me how long have you have you been with your employer

JACUSTOMER-2e4nrs12- :

i have been with them for over 6 years and i told them at my interview and when they were drawing up my contract that i suffered from the occasional migraine.

Ben Jones :

Ok thank you leave it with me I need to look up a few things and then get my advice ready.I will post back on here when done there is no need to wait and you will receive an email when I have responded.

Ben Jones :

Many thanks for your patience and sorry I could not get back to you yesterday as I had problems accessing the site.

There is no legal obligation on you to provide access to you medical records for your employer and whilst the employer can make such a request, you make the decision on whether you grant them such access. However, if you flatly refuse to give them access and they do not have any medical information or evidence about your condition, they can make a decision based on what they have, which would not be much and can lead to the wrong decision being made by them. So whilst you may have told them in the past that you suffer from migraines, if that is becoming an issue where you are taking time off from work as a result, your employer can start to be concerned about it and seek to try and deal with it. They will have a duty to try and help you as much as they can but to do so they must know what the issue is and have some evidence to be able to work out what they need to do. It does not mean that you have to grant them access to your full medical history and you can be selective over what information you disclose, such as limiting any release strictly to information relating to your migraines. Alternatively your employer can ask you to see an occupational health specialist so that they can discuss the migraines with you and give an independent opinion on what the issues are and what needs to be done.

Ben Jones :

Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this?

JACUSTOMER-2e4nrs12- : Hi Ben. This information was of great help and I think answered what I needed to know for now. I will be in touch if I need further assistance.
Ben Jones :

Glad to hear it and all the best for now

Expert:  Ben Jones replied 2 years ago.
Glad to hear it and all the best

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