CONSTRUCTIVE DISMISSAL - 14.04.2021

£11,600 for writing to employee’s GP

An employee who resigned because her employer wrote to her GP has been awarded over £11,600 by the tribunal. What must be obtained before any contact is made with an employee’s GP?

All change. Ms Newcombe (N) began working for Machynlleth Town Council (M) in May 2013. In November 2017 M wanted to change N’s hours and a consultation process was started. This led to N falling out with a manager and she subsequently went off sick. In 2018 N attended a sickness absence review meeting, conducted by Mr Griffiths (G).

Unauthorised. N told G that her most recent sickness absence was due to work-related stress and this could be confirmed by her GP. After the meeting G wrote to N’s GP saying: “We have employed her on a contract that pays her full pay during sickness absence and it is becoming well known that she abuses this by constantly being seen out in local pubs when ‘on the sick’ ... the only stress being generated is by her partner potentially ‘gas lighting’ her” .

Constructive dismissal. When N found out about the unacceptable letter she complained and later resigned. She then claimed constructive dismissal. The tribunal has now issued its ruling in this case. As you might expect, it sided with N, calling G’s actions “extraordinary” . The tribunal also noted that G had contacted N’s GP for information about her health without obtaining her consent. It rejected G’s suggestion that N had given her consent to this verbally in the sickness absence review meeting and ordered M to pay £11,606 in compensation.

Tip. Whilst we’re confident that you would never write to an employee’s GP along the lines that G did, it is easy to trip up on the issue of consent. Never take an employee’s word for it that you can write to their GP - relying on verbal consent for this purpose is dangerous. Obtain express consent in writing before any approach or request for a medical report is made to the employee’s GP (see The next step ).

For the tribunal’s ruling in this case and letter requesting consent to obtain a medical report and a medical report consent form, visit https://www.tips-and-advice.co.uk , Download Zone, year 23, issue 08.

You must have express consent before you contact an employee’s GP for any information about their health or sickness absence. This consent should be obtained in writing - don’t rely on verbally given consent.

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