This probably comes as no surprise but the EAT has recently upheld a Tribunal finding that it was fair to dismiss an employee who had been off sick but refused to consent for an occupational health doctor to access her medical records to prepare a medical report for her employer. See full details here. However, do take note of the words of caution in paragraph 26 and ensure that an employee is given a proper opportunity to decide whether or not to consent to disclosure before moving towards dismissal.
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