Access to Medical Reports Act 1988

From an employment law angle, the Access to Medical Reports Act 1988 is relevant in the context of recruitment, health screening during employment, time off for medical reasons and dismissal for medical reasons. The Act itself, sometimes wrongly called the "Access to Medical Records Act 1988", is quite short - only 10 sections in all.

This Act covers medical records held by employers as well as records held by doctors. More accurately it gives an individual the right to have access "to any medical report relating to the individual which is to be, or has been, supplied by a medical practitioner for employment purposes or insurance purposes" (Access to Medical Reports Act 1988 s.1).. It also gives individuals the right to refuse consent for any medical report (as defined) to be supplied by a doctor to an employer or insurer, plus other rights.

Employees and prospective employees should not be sent for medical examination without first being informed of their rights under the Act.

Rights under the Act are enforceable through the normal courts, not through employment tribunals.

See also notes at Data protection/Code of Practice/Workers' health - part 4 .