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How to obtain and use medical reports on employees

Employers may need medical reports to assess an employee’s fitness for work, manage long‑term absence or support decision‑making, but strict legal safeguards apply. This guide explains when medical reports can be obtained, how consent works, and how to use medical information lawfully and fairly.

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By Lin Hinson | Brightmine Editor: Susie Munro

Employers may need to obtain a medical report on an employee in a number of circumstances, for example where the employee’s capability is at issue and this could be for health reasons, when managing long-term absence, or when investigating short-term absence. Medical evidence can also assist employers in complying with their duty under the Equality Act 2010 to make reasonable adjustments to prevent disabled employees being at a disadvantage. Obtaining a medical report is sometimes a matter of routine, for example where this is part of the recruitment process in certain industry sectors.

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  • When to obtain a report
  • The requirements of the UK GDPR
  • Obtaining the employee’s consent under the Access to Medical Reports Act 1988
  • Who to instruct to provide a report
  • What information to provide
  • What questions to ask
  • What to do with the report

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Latest updates

Updated to reflect that the ICO has published guidance for employers on when they can collect information through medical examinations (which replicates guidance previously contained in the withdrawn Employment practices data protection code).

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About the author

Lin Hinson

Lin Hinson is a practising solicitor and HR consultant, advising on employment law and HR matters.

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