Q&As

Does an employer need to obtain consent under AMRA 1988 if the employee has provided the GP's report directly to the employer’s occupational health practitioner or to the employer itself?

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Published on LexisPSL on 15/01/2020

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

  • Does an employer need to obtain consent under AMRA 1988 if the employee has provided the GP's report directly to the employer’s occupational health practitioner or to the employer itself?

Does an employer need to obtain consent under AMRA 1988 if the employee has provided the GP's report directly to the employer’s occupational health practitioner or to the employer itself?

For information on medical reports generally, see Practice Note: Medical reports—data protection issues and AMRA 1988.

The Access to Medical Reports Act 1988 (AMRA 1988) gives an individual the right of access to any medical report relating to the individual which is to be, or has been:

  1. supplied by a medical practitioner who is responsible for the individual’s clinical care

  2. for employment purposes, ie the purposes of the individual’s employer or potential employer

AMRA 1988 also provides for the individual to be notified and informed of a request for a medical report, to provide or refuse consent and to request amendment of the report.

In brief:

  1. AMRA 1988, s 3 prevents an employer applying to the employee’s medical practitioner for a medical report relating to the employee unless the employee has been notified of the proposed application and consents to it being made

  2. AMRA 1988, ss 4, 5 allow for the employee, if consenting to the employer’s application, to request access to the report before it is supplied to the employer and, in those circumstances, to request amendments to the report before it is supplied and to refuse consent to its being supplied

For further information, see Practice Note:

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