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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45303
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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What is the minimum notice I can give to request medical records.

Customer Question

What is the minimum notice I can give to request medical records. I need them to define if an employee that works with me off with depression is considered disabled. She has been off for 42 working days now. as my only full time employee I am now desperate to resolve this situation
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today. Do you have a specific question about this?
Customer: replied 1 year ago.
YEs as stated really, What would I need to write to get an employers medical records and what is the minimum deadline for them to reply giving me permission. example - Dear (Name) Please could you allow me access to your medical records within 72hrs.
Expert:  Ben Jones replied 1 year ago.
Apologies for not getting back to you sooner, I experienced some temporary connection issues and could not get back on the site until now. All appears to be resolved now so I can continue dealing with your query. As an employer you are permitted to apply for a medical report under the Access to Medical Reports Act 1988 (AMRA) under the following circumstances:· You have notified the individual concerned in writing that you intend to make the application; and· The individual has provided their explicit consent to the application being made; and· You supply the employee of their rights under AMRA An individual who has been asked to provide their consent for a medical report has three options:· To withhold their consent.· To consent to the application for the report and agree that it can be sent directly to their employer.· To consent to the application, but indicate that they wish to see the report before it is supplied to their employer. There is no specified notice period you must give the employee to provide consent, but you cannot force them to either. If they refuse consent then you cannot penalise them for that and in the circumstances you will just have to proceed with the evidence and information you have available to you at the time, forming a reasonable opinion in the process. If the employee does nothing and does not reply to your request, you may still send the request to the doctor and they will then usually send the report directly to you. However, the employee still has the right to contact their doctor and refuse their consent or ask to see the report before it is sent out. If they want to see it first but do not provide instructions of how this is to be done within 21 days of their initial request, the doctor can still send the report directly to you. This is your basic legal position. I have more detailed advice for you, specifically templates on how to request consent, which I wish to provide you with so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45303
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 1 year ago.
A template would be great thank you :)
Expert:  Ben Jones replied 1 year ago.
Download link below. You have 4 files: 01 - Letter to employee02 and 03 - Employee's rights and Consent form which you need to include with the letter04 - Letter to the doctor to request report There are many options in square brackets so fill in or remove the details as necessary and as applicable. http://www.mediafire.com/download/bub9nh5c4d79yga/AMRA.rar Hope this helps and please let me know once downloaded so I can deactivate the link, thanks
Customer: replied 1 year ago.
I cant download it it says it is malicious? I tried to make it download anyway but it just wont let me?
Expert:  Ben Jones replied 1 year ago.
it could be to do with your security settings, it certainly isn't malicious but for some reason the system may think it is. Let me try something different
Expert:  Ben Jones replied 1 year ago.
How about this: https://www.mediafire.com/folder/pswpncxli58ynd5,n97z9xeki4tlp7x,1l117s58swr3f3p,dc2j7411hxp26dv/shared
Customer: replied 1 year ago.
Perfect thank you :)
Expert:  Ben Jones replied 1 year ago.
great, you are welcome

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