Updated: Feb 24, 2025
The balance between employee privacy and employer interests can be delicate. One of the most contentious issues arises when employers need access to their employees’ medical reports. This need can stem from various legitimate reasons: ensuring workplace safety, accommodating disabilities, verifying fitness for duty or managing health insurance benefits. However, employees are understandably reluctant to share their private health information. This clash between the necessity for employers to be informed and the employees’ right to privacy creates a complex challenge. This article will discuss whether employers can demand access to their employees’ medical reports and under what circumstances.
Why might employers seek access to employee medical reports?
There are several reasonable circumstances in which an employer may seek to obtain the medical reports of a current or prospective employee. During the pre-employment process, an employer might need to verify that a candidate’s health or physical ability meets the requirements of the job. This is particularly relevant for roles that demand specific physical capabilities or have health-related safety standards. Furthermore, employers often require medical information as a prerequisite for enrolling employees in the company’s health insurance scheme. Ensuring accurate and comprehensive health information helps employers manage insurance coverage effectively and can impact the terms of the policy.
Additionally, understanding an employee’s medical condition can be crucial in complying with legal obligations under the Equality Act 2010. Employers may need to determine if an employee has a physical or mental impairment that qualifies as a disability. This assessment is essential not only for compliance but also for identifying any reasonable adjustments that might assist the employee in performing their job effectively.
Employers also need to manage long-term absences effectively. Knowing the likely timescale for an employee’s return to work after a prolonged illness or injury can help in workforce planning and temporary staffing arrangements. Similarly, when an employee has frequent short-term absences, understanding if there is an underlying medical condition is important for providing appropriate support and making necessary adjustments.
Finally, assessing an employee’s medical condition is sometimes required to determine eligibility for statutory sick pay (“ SSP ”) or benefits under a permanent health insurance (“ PHI ”) policy. Accurate medical information ensures that employees receive the benefits they are entitled to and helps in managing the financial implications for both the employer and the employee.
What does the law say?
The Access to Medical Reports Act 1988 (“ AMRA 1988 ”) states that employers can access medical reports about an employee if the reports are provided by a medical practitioner and are related to the employee’s work. However, this access is contingent upon the employee’s explicit consent. Without this, the employer cannot obtain or review these medical reports. This ensures that employee privacy is protected while allowing employers to obtain necessary health information under regulated conditions.
For an employer to access an employee’s medical reports, a specific procedure must be followed. The employer must notify the employee in writing of their intention to request access to their medical reports. This notification is essential for transparency and allows the employee to understand the purpose behind the request. When seeking explicit consent, employers are required to inform employees of their rights under the AMRA 1988. The most straightforward way to do this is by providing a summary statement outlining these rights.
Once consent is obtained, the employer must secure the employee’s written authorisation and submit this to the relevant medical professional as proof of the employee’s agreement. This step ensures that all parties are aware of the consent
