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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 61112
Experience:  Qualified Solicitor
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I was on long term sick leave and once I recovered I decided

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Hi. I was on long term sick leave and once I recovered I decided not to return to work. I resigned and my employer confirmed I would be paid in lieu of notice. When I was ill I gave consent to my employer to obtain my medical records. They did not do it. Now I have resigned they have made a request for my medical records. Can they do this now Ive resigned?
Assistant: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: my company is tiny so no HR but I did ask why they wanted the info and they wont reply.
Assistant: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Employee, no union.
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: No

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. Firstly, I need to ask some initial questions to determine the legal position.

Customer: replied 6 days ago.
Ok thanks

Actually I will just proceed with the answer. When you gave them consent, that would not have been consent conditional on you being sick. It would have been general consent, which they could have used at any point. However, just as you gave them consent, you can also remove that so if you no longer want them to access your records you need to write to them and state that your consent has been revoked and also contact the doctor who holds the records to advise them of the same.

 

Does this answer your query?

Customer: replied 6 days ago.
I did tell the dr i revoked consent so I only found out about this when they phoned to say my employer had asked for the medical report. They knew I revoked consent. Is that enough to stop my employer?
Customer: replied 6 days ago.
Thx
Customer: replied 6 days ago.
I emailed my employer saying that I was now aware if their request and had told the gp not to give them info as I felt it was unnecessary now I had resigned.

they need current consent, if you had revoked it before the documents were released then yes it should be enough

Customer: replied 6 days ago.
Thank you

All the best

Ben Jones and 2 other Law Specialists are ready to help you
Customer: replied 6 days ago.
Thx. Likewise.

Much appreciated