CH201-Requesting Medical Reports for Staff Policy

Registration Number: {{org_field_registration_no}}

Requesting Medical Reports for Staff Policy

1. Purpose

The purpose of this policy is to outline how {{org_field_name}} requests, obtains, and manages medical reports for staff, where necessary, to ensure fitness to work, support health and wellbeing, and comply with statutory responsibilities. This policy ensures that medical information is sought appropriately, with full consent, and in accordance with the Access to Medical Reports Act 1988, the Data Protection Act 2018, and Regulation 19 (Fit and Proper Persons Employed) of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014.

2. Scope

This policy applies to all current and prospective employees, volunteers, agency workers, and contractors engaged in regulated activities at {{org_field_name}}. It relates specifically to the process of requesting medical reports from general practitioners or occupational health providers to support fitness for work, reasonable adjustments, or risk assessments.

3. Related Policies

CH02-Fit and Proper Persons: Employed Staff Policy
CH16-Health and Safety at Work Policy
CH18-Risk Management and Assessment Policy
CH27-Staff Supervision, Training, and Development Policy
CH31-Disciplinary and Grievance Policy
CH34-Confidentiality and Data Protection (GDPR)-Service User Policy

4. Policy Statement

{{org_field_name}} is committed to promoting a safe, healthy, and supportive working environment while protecting the rights of individuals under medical confidentiality and data protection laws. Requesting a medical report may be necessary to determine an employee’s fitness to carry out their duties safely, to explore any reasonable adjustments under the Equality Act 2010, or to manage absence appropriately. Reports are only requested where there is a legitimate reason, and always with the individual’s informed written consent.

5. Key Principles and Procedures

a. When Medical Reports May Be Requested
Medical reports may be requested in the following situations: during pre-employment checks where a health condition may affect role suitability; following repeated or extended sickness absence; where there is a concern about the staff member’s capacity to safely fulfil their duties; to inform risk assessments or reasonable adjustments; or as part of formal procedures such as capability reviews or return-to-work planning.

b. Consent and Employee Rights
Under the Access to Medical Reports Act 1988, staff must provide written consent before a medical report can be requested. Staff have the right to: withhold consent; request to see the report before it is shared with {{org_field_name}}; request amendments to inaccurate or misleading information; and refuse access to the report if they believe it could cause serious harm. These rights are communicated to the staff member in writing before any request is made.

c. Information Contained in the Request
When requesting a report, we provide the relevant healthcare professional with the staff member’s job description, the nature of the concern or absence, and any specific questions we need addressed (e.g. prognosis, ability to carry out key duties, restrictions, and recovery timeline). Only relevant and necessary information is included in the request.

d. Handling and Use of Reports
Reports are received confidentially and securely by the Registered Manager or nominated HR lead. The information is reviewed only by those who need to know (e.g. management or HR), and only for the stated purpose. The content is used to support decision-making related to fitness to work, adjustments, or further support required. Reports are not retained longer than necessary and are stored in accordance with GDPR and {{org_field_name}}’s data protection policies.

e. Occupational Health Referrals
Where required, {{org_field_name}} may refer staff to an occupational health service for an independent assessment. This is typically used for complex health concerns or when more detailed advice is needed to manage risk or support a safe return to work. Staff are informed in writing of the purpose of the referral, the provider’s details, and the process for consent and disclosure.

f. Reasonable Adjustments and Risk Management
Where a medical report indicates a health condition that meets the definition of a disability under the Equality Act 2010, we will explore and implement reasonable adjustments to support the individual in their role. Any recommendations from the medical report are reviewed alongside a workplace risk assessment and updated care procedures, where relevant.

g. Staff Support and Fair Process
Staff are supported throughout this process with clear communication, access to representation (where appropriate), and reassurance that medical information will be handled sensitively. The aim of any medical report request is not to discriminate but to ensure safety, legal compliance, and appropriate support for both the individual and the organisation.

h. Refusal to Consent
If a staff member refuses to give consent to a medical report, they will be informed of the potential impact this may have on the organisation’s ability to assess their fitness to work. We will make decisions based on available evidence and apply the principles of fairness and reasonableness in doing so.

i. Confidentiality and Data Protection
Medical information is considered special category data under the UK GDPR. All staff involved in the process are trained in confidentiality. Access to reports is restricted, and all documentation is retained securely and only for as long as necessary in line with our data retention policy.

6. Roles and Responsibilities

The Registered Manager {{org_field_registered_manager_first_name}} {{org_field_registered_manager_last_name}} and Nominated Individual {{org_field_nominated_individual_first_name}} {{org_field_nominated_individual_last_name}} are responsible for ensuring that medical report requests are made appropriately and lawfully. Staff must inform their manager if they believe a medical report may be required to support their health at work. HR and management will ensure compliance with data protection and employment legislation.

7. Policy Review

This policy will be reviewed annually or in response to changes in employment law, data protection regulations, or CQC guidance. Any updates will be communicated to staff and incorporated into management practice.

Responsible Person: {{org_field_registered_manager_first_name}} {{org_field_registered_manager_last_name}}
Reviewed on: {{last_update_date}}
Next Review Date: {{next_review_date}}
Copyright © {{current_year}} – {{org_field_name}}. All rights reserved.