Q&As

Can an employer use medical evidence disclosed by the employee for the purposes of a personal injury claim against the employer (which was settled) for the purposes of a subsequent review meeting to discuss his long-term sickness absence?

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Published on LexisPSL on 27/02/2019

The following Employment Q&A provides comprehensive and up to date legal information covering:

  • Can an employer use medical evidence disclosed by the employee for the purposes of a personal injury claim against the employer (which was settled) for the purposes of a subsequent review meeting to discuss his long-term sickness absence?

If a document has been disclosed during court proceedings, the other parties may only use it for the purpose of proceedings, unless:

  1. it has been read to or by the court at a public hearing

  2. the court gives permission, or

  3. the party who disclosed the document and the person to whom it belongs agree

See the Civil Procedure Rules, CPR 31.22(1).

The court may also make an order restricting or prohibiting the further use of the document (see CPR 31.22(2)).

For further information, see Practice Note: Disclosure—Use of disclosed information.

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