This letter is to be used where an Employee has been, or is, incapacitated for work and has given you the Employer permission to approach his or her doctor or consultant for a medical report, we recommend the following format for inquiry.
A copy of the Employee’s consent form should be enclosed with this letter.
Where a medical report will not be sought from the Employee’s GP or consultant responsible for the Employee’s care, but from the Employer’s doctor such as an occupational health advisor, the Access to Medical Reports Act 1988 (AMRA) is unlikely to apply and references to the Act may be removed.
However, Employers seeking a report from an occupational health advisor may choose to abide by AMRA in any event as a matter of good practice.
As an Employer you have a duty of care toward your Employees whilst they are off work due to sickness/absence, this does mean that you should assist in the facilitation of their return to the workplace, to this you may wish or be able to make reasonable adjustment (where practicably possible).
Employers are not duty bound to do so but should try to accommodate where they can do.
Once this letter has been sent, you should then notify the Employee of the date on which the application for the medical report was made, so that the employee has an opportunity to apply to the doctor, should they wish to obtain a copy of the medical report, within 21 days of your application.
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