Posted By Roger Bragg
Further to a previous post, it now transpires that there are no witnesses to the IP's (alleged) accident, and there is hearsay evidence to suggest that the day after the "accident" the IP was due to attend a disciplinary meeting. Coincidence? Can I get access to medical records to verify the alleged accident?

Posted By Sean Fraser
Roger, sorry didn't read up on your previous thread, but I can at least answer the question and it is "no".

Access to medical records is restricted and can only be done with the explicit (read "written") consent of the person concerned. No one is under any obligation to provide consent to their employer, even to records or reports raised on behalf of the employer! However, it should be explained to the individual that failure to provide relevant information will influence any decisions taken - after all, you cannot come to a fair and valid decision if critical information is withheld.

Current registered medical practitioners can request medical records, but even then there can be difficulties.

I think my tact would be that a failure to disclose relevant information will result in a less than favourable outcome for all concerned. If they continue to be intransigent then such obstruction can be noted and cited should it ever become necessary. Note that you cannot justify a decision made on assumptions or circumstantial evidence BUT you can justify a failure to make reasonable adjustments if pertinent information was not provided to assist that decision-making.