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Browse frequently asked questions and answers on key HR issues. Navigate by topic or key word search. View latest additions or suggest a question to the XpertHR editorial team.
Should employers avoid asking about general wellbeing during interviews? Can employers make conditional offers subject to health clearance and then withdraw an offer if the health requirement is not met? In what circumstances might an employer need to obtain a medical report on an employee? From whom can an employer obtain a medical report on an employee? Which medical reports are covered by the Access to Medical Reports Act 1988? In what circumstances is a medical practitioner not obliged to give an employee access to a medical report prepared on him or her?
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.
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