Medical examinations

Employers need a worker’s consent to access medical information and a worker has the right to see and comment on any medical report before it goes to the employer. If a report is discouraging about an employee’s ability to return to work, the employee should consider commissioning their own report from their GP. Employers will find it hard to justify a dismissal where there is conflicting medical opinion.

It is sensible to cooperate with the employer in attending medical examinations. If the member cannot attend, s/he should tell the employer in writing in advance, suggesting arrangements for a rescheduled appointment in the reasonably near future. Where a worker unreasonably refuses to cooperate with an employer’s attempt to obtain medical information to make a decision about the future employment, an employer can make the decision based on the information it has available.

Some contracts contain a contractual obligation on the worker not to unreasonably refuse to attend a medical examination at the request of the employer.