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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Jones – new terms in employment contract (4). The

Resolved Question:

For Ben Jones – new terms in employment contract (4).
The terms state:
“In the event that you are suffering from prolonged illness, you must, if requested, undergo a medical examination by a registered medical practitioner appointed by the Company. You authorise the Company to have unconditional access to any report produced as a result of such examination and to any relevant information held on you by your doctor.”
Does Data Protection Act still give employee the right to see the report by the Doctor before its submitted to employer?
Is this term only restricted to the information held by the Company appointed medical practitioner (not extending to employees family GP)?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, yes it is indeed possible under the DPA to request a copy of the report before it is sent to the employer but this request must be made in good time, i.e. before it is actually sent. Making such a request does not prevent the doctor from sending the report to the employer in the meantime or at the same time as providing you with a copy. I would say that the clause would look to give them the right to request to see your medical records from your personal doctor too, but this is something which is governed by the Access to Medical Records Act which gives you further rights than what is in your contract. A good summary can be found here: http://www.medicalprotection.org/uk/resources/factsheets/england/england-factsheets/uk-eng-access-to-medical-reports So even if this clause exists you can rely on these rights to prevent a disclosure of your records. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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