GDPR & GP certs/HR Dept

I would ask for a copy of the Company's Sick Leave Policy - there is usually a date on it - and if the date is years old then it needs to be updated. They are not entitled to know your medical details.
 
Although it has passed by me now I am still curious so I have queried it now with the useful link provided by DirectDevil.

I'll post an update when I get a response.
 
I have received a response from the Data Commission Office & as promised I am updating this thread with it. To me it seems to confirm what most other posters advised.


'Under Section 3 of the Terms of Employment (Information) Act 1994 an
employer must provide an employee with a written statement of terms of
employment within two months of the commencement of the employment. One of
the terms referred to in this Act on which the employer must provide
information is the terms or conditions relating to incapacity for work due
to sickness or injury. Your employer can require you to provide a medical
certificate when you are on sick leave. For example, you may have to
provide a medical certificate if you are out sick for more than two
consecutive days. The medical certificate should state the date you are
likely to return to work, and as such does not have to provide a specific
illness for this purpose.

Data protection legislation provides rights to individuals in this context
but equally recognise the right of employers to seek certain types of
information in certain circumstances. It comes down to a question of
balance and certainly that balance would not be met by seeking of specific
illness/sick related information from all employees in all cases. Under
the Acts any requests for information should be acceptable and justifiable'
 
[broken link removed]

“The Respondent employer sought a direct opinion from the Data Protection Commission, who notified it that the Parental Leave Act “allows for the employer to be informed by the employee of the facts of the force majeure leave” and that the Respondent had a “legitimate interest in obtaining this information as per statutory requirements of section 13 of the Parental Leave Act and therefore does not appear to be a breach of Data Protection Acts.” The Respondent further argued that, as an employer of 1,200 people, it cannot be left to individuals to determine whether or not force majeure leave applies. The Respondent insisted that it is “positively predisposed to granting the leave” and emphasised that it is not its role to decide whether or not the illness/injury is of a sufficiently serious nature.

The Adjudication Officer noted that the relevant legislation requires the employee to outline the “nature of illness/injury.” For this reason, she held that it was reasonable for the employer to request its employee to provide evidence in support of his application for force majeure leave.“
 
DeeKie said:
For this reason, she held that it was reasonable for the employer to request its employee to provide evidence in support of his application for force majeure leave.“
Click to expand...

Just to note, focus of this thread is sick leave which is a different animal to force majeure leave.
 
Leo said:
Just to note, focus of this thread is sick leave which is a different animal to force majeure leave.
Click to expand...
Thanks Leo. Is sickness not a force majeure in employment law? That’s really interesting. Sorry if I wrong footed people. I assumed as the issue in the AC nite pertained to illness it was relevant.
 
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