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28-08-2009

Employee’s refusal to allow access to GP records was gross misconduct

An employee on sick leave who refused to give her consent for her employer’s Occupational Health Adviser to see her GP records was not unfairly dismissed.

The Access to Medical Reports Act 1988 entitled her to refuse the employer access to her GP records. However, her dismissal for gross misconduct was fair because she unreasonably refused a reasonable request.

If you need advice on issues connected with sickness absence, please contact us – we would be pleased to talk to you.

Contacts:

Employment Department
Raj Dhokia: r.dhokia@fgdlaw.co.uk
Martin Fine: m.fine@fgdlaw.co.uk

Chaplin v Howard Kennedy Solicitors [2009]