Employers often face situations where they need to gather medical information about an employee to manage workplace health, safety, and productivity effectively. While this is sometimes necessary, it is a sensitive area that must be approached carefully to respect employees’ rights and comply with legal obligations.

When Can Employers Request Medical Information?
Employers can request medical information in several situations, such as:
- Understanding Workplace Impact: If an employee’s health condition is affecting their ability to perform their duties, medical information can help employers make informed decisions about support and accommodations.
- Sickness Absence: During sickness absence, medical details can clarify the employee’s condition, expected recovery timeline, and whether adjustments are needed.
- Health and Safety Compliance: For roles that require specific physical or mental health standards, such as operating heavy machinery, medical checks may be essential to ensure safety.
How Should Employers Request Medical Information?
Requests for medical information must follow a clear, lawful process:
- Contractual Obligations: Ideally, the contract of employment will contain a statement about the employer’s ability to request access to medical records and the employees willingness to provide consent. Failure to comply with this clause in the contract could be treated as breach of contract, but specific advice must be taken before pursuing this route.
- Consent is Key: Employers must obtain the employee’s written consent, in addition to the contractual clause, before seeking medical information from their doctor or healthcare provider. Consent should be voluntary and informed.
- Occupational Health Referrals: When specific expertise is required, employers can refer employees to an occupational health professional. These specialists provide impartial advice on how the employee’s health relates to their work.
- Focus on Relevance: Employers should only ask for information that is directly relevant to the employee’s job or the workplace’s operational needs. Overly broad or invasive requests can breach privacy laws.
Legal and Ethical Considerations
Employers must comply with several legal frameworks when handling medical information:
- Data Protection Laws (GDPR): Medical data is classified as “special category” data under GDPR. This means it requires higher levels of protection. Employers must:
- Collect only the data necessary for the specific purpose.
- Store it securely to prevent unauthorised access.
- Use it only for the purpose for which it was collected.
- Retain it only as long as necessary, and then dispose of it securely.
- Equality Act 2010: Employers must avoid discrimination based on health conditions or disabilities. Requests for medical information should not be used to exclude or disadvantage employees. Sometimes, even asking for the information may be seen as discriminatory, so ensure you understand the implications and position the ask appropriately.
- Confidentiality: Information obtained must be treated with strict confidentiality. Only individuals who need to know (e.g., HR, a line manager) should have access, and even then, only to relevant details.
Best Practices for Employers
To ensure a lawful and respectful approach to requesting medical information, employers should:
- Have a Clear Policy: Develop and communicate a policy outlining how medical information requests will be handled. This sets expectations for both employees and managers.
- Engage in Open Communication: Begin with a conversation with the employee to understand their perspective and concerns. This may eliminate the need for formal medical requests in some cases.
- Use External Experts When Needed: Occupational Health professionals can provide tailored advice while maintaining employee trust. They act as a neutral party, reducing tension in sensitive cases.
- Train Managers and HR Staff: Ensure those involved understand their legal obligations and how to handle sensitive conversations.
What If an Employee Refuses to Provide Medical Information?
Employees have the right to withhold consent for their medical information to be shared. However, refusal can complicate the employer’s ability to provide support or make adjustments. In such cases:
- Seek Alternative Solutions: Without specific medical data, employers can rely on observations, workplace performance, and feedback from the employee.
- Document Efforts: Keep records of all attempts to engage the employee and any accommodations offered.
- Assess Risks: For roles with safety-critical requirements, employers may need to take precautionary steps, such as temporary reassignment, if medical clarity is unavailable.
The Importance of Empathy and Sensitivity
Handling medical information is not just about compliance; it’s about fostering a supportive workplace culture. Employees are more likely to be forthcoming when they trust that their employer has their best interests at heart. By demonstrating care and maintaining transparency, employers can strengthen employee relationships while safeguarding the business.