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  • Sickness Absence Documents - Consent to medical report follow up letter
    Consent to medical report follow up letterUse our letter where an employee has either declined to consent to your seeking a medical report on them or to its subsequent disclosure to you by their doctor. The sanction is that you may have no choice but to make a decision about their ongoing employment without the benefit of that medical information, which will not usually be in their best interests.No forced consentYou can't force an employee to consent to a medical report - this would be contrary to the provisions...
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  • Sickness Absence Documents - Medical examination request to independent doctor
    Medical examination request to independent doctorIt's possible to fairly dismiss an employee on the ground of lack of capability due to ill health but first you must take all reasonable steps to find out the current medical position. This involves obtaining a medical report. A strong alternative to approaching the employee's own GP, specialist or consultant is to instruct an independent doctor.Medical evidenceBefore contemplating dismissing an employee on capability grounds due to long-term ill health, you must...
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  • Sickness Absence Documents - Letter requesting attendance at a medical examination and medical examination consent form
    Letter requesting attendance at a medical examination and medical examination consent formAs an alternative to requesting a medical report from an employee's own GP or consultant, there is the option of the employee undergoing a medical examination by an independent doctor that you've appointed.  You will still need the employee's consent, so you should write to them enclosing a form for them to sign under which they agree to attend a medical examination.Pros and consAs an alternative to requesting a medical...
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  • Sickness Absence Documents - Medical examinations clause
    Medical examinations clauseEven with the contractual power to do so, you can't force an employee to undergo a medical examination. To do so would amount to a breach of their privacy and, if the doctor doesn't have the patient's consent, a civil trespass and a criminal assault. However, there are still benefits to having a medical examinations clause.Disciplinary offenceYou can't force an employee to be examined by a doctor, whether it's their own GP or an independent doctor you appoint. So, does this mean a...
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  • Sickness Absence Documents - Letter requesting consent to obtain medical report and medical report consent form
    Letter requesting consent to obtain medical report and medical report consent formWhen you require a medical report from an employee's GP or consultant, you will first need their written consent in order to comply with the Access to Medical Reports Act 1988. You should write to the employee with an explanation of their rights under this Act and enclose a consent form for them to sign authorising the production and release of a medical report.Signed consentBefore making an application to the employee's doctor...
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