Employment Lawyers Can Answer Your Employment Law Questions
Many thanks for your patience. A doctor is technically able to make a decision without seeing a patient and examining them in person but that would depend on the circumstances and what they are making a decision on. I am no medical expert but there would be situations when an opinion could be forced based on information that is available, for example from reports that were produced from past meetings. So it is possible.
You are entitled to request copies any reports made about you from the latest specialist – it is after all personal information about you and under data protection regulations. You can state to the employer that you are making a subject data access request and specify the documents you wish to see.
Finally, if there is conflicting information and recommendations from medical professionals about your fitness to work, your employer needs to act more cautiously than normal and just choosing the report that is most favourable to them without considering any potential repercussions it may have on you would rarely be fair. This is especially the case if your GP and two other doctors have said you are not fi and the employer is just relying on one conflicting report that says you are fit. Unless much had changed between the different reports, there is obviously a good argument that you may still be unfit for work and further enquiries should be made by the employer before they just jump to a conclusion that you are fit to return and ‘penalise’ you for not being back in work as soon as the latest report came in.
In terms of what you can do about this, the first step is informal discussions with the responsible people in your workplace, but after that it would be a formal grievance. The final step is legal action but only if it becomes necessary – it could be disability discrimination or if you are dismissed – a claim for unfair dismissal, but hopefully it would not get to that.
Hello, let me know if you need me to answer any queries in relation to the above
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? I just need to know whether to close the question or not? Thanks
Hope so too, best of luck and remember you have rights too so don't give in too easily!