Obtaining a medical report on an employee

by Practical Law Employment

This practice note considers the circumstances in which an employer might need to obtain a medical report on an employee or worker and the steps they must take when doing so (whether from a general practitioner, a specialist consultant, a company doctor or an occupational health specialist). It considers the use of medical evidence in employment tribunal proceedings. The note examines the procedural requirements under the Access to Medical Reports Act 1988 (AMRA), including an individual's rights in providing or withholding consent. It also addresses data protection obligations when processing employee health information, which is "special category data" under the UK General Data Protection Regulation (UK GDPR) referencing the need to identify a lawful basis for processing and a special category condition and considers guidance from the Information Commissioner's Office (ICO).