Can an employee who initially indicated that he or she did not want to see a medical report before the medical practitioner discloses it to the employer subsequently request to see it?
Yes. Under s.4(3) of the Access to Medical Reports Act 1988, if an employee who initially indicated that he or she did not wish to see the medical report before it was supplied to the employer has a change of mind, the employee can notify the medical practitioner that he or she wishes to have access to the report. The medical practitioner must provide the employee with access unless, following the notification that he or she wishes to see the report, the employee does not make contact with the practitioner within 21 days to arrange the access. If 21 days elapse without the employee making contact, the practitioner can supply the report to the employer without the employee having seen it first.
The practitioner can allow access to the report either by supplying the employee with a copy of the report or by making a copy available for his or her inspection. The practitioner is entitled to make a reasonable charge for supplying a copy of the report to the employee.
The employee also has the right to ask the practitioner for a copy of the report at any time up to six months after it has been supplied to the employer.