Where employers have concerns regarding the impact of an employee’s health on safety in the workplace, or there is uncertainty regarding adjustments required or the employee’s capacity to fulfil the inherent requirements of the job, employers can request employees to consent to obtaining further information from a treating practitioner – under threat of dismissal if necessary.

Can employers require additional medical information from a treating practitioner?

In certain circumstances, employers can require additional medical information from an employee’s treating practitioner. Employers have a non-delegable duty of care for the safety of anyone affected by their business operations. If the circumstances indicate that an employee’s health may have an impact on their safety at work, or that of third parties (eg co-workers), the employer has the right to clarify whether the employee’s circumstances can safely be accommodated.

Additional information may also be required to ascertain whether adjustments to the workplace can be made without detrimentally affecting the business, or to ascertain whether the employee is able to fulfil the inherent requirements of their position over the long term. In these circumstances, even if an employee is reluctant to provide the information, the employee – under a lawful threat of dismissal – can be directed to consent to provision of the information by their treating practitioner.