Employees sickness records

[PinkFizz]

Do you know if it is legal for a company to refuse to release an employees sickness record,when it is vital to a court case??

The company is saying the employee is not giving permission and so they can't do anything about it,even thought the whole case hInges on this.

TIA XX

[Ethel]

They cannot release them unless the employee agrees - or a court order for their release is obtained, which is highly unlikely, except for a criminal case.

[PinkFizz]

Hi Ethel.God,that's annoying.I would have thought that if somebody was claiming to be off work with a specific condition,and yet the doctors reports states that the person hasnt even been to them then the court would be obliged to ask for these records.

[Didwot]

i. In those circumstances you may be able to persuade the court that an order dhould be made requiring the employer to disclose the relevant records.
2. I presume that the claimant will be examined by a doctor of the defendant's choice, and if necessary the court can make an order thatthis happen. The defendant's own doctor will expect to see all the claimant's medical records, and again the court will make an order for the claimant to disclose these if they fail to give the necessary authority to their own doctor/hoslital.

[PinkFizz]

Ooh that's interesting Didwot. We both hate courts as much as the next person and want all this to be over with,but my partners ex is claiming ' severe stress which is affecting her whole life' because of all this court thing. We managed to get a doctor report which says the only thing she has been to him with in the last 2 years is tiredness, and heartburn!
So when we asked for work records to see what they said she went as white as a sheet,and refused point blank.

Life can be very difficult sometimes!