In a message dated 19/09/2001 11:29:40 GMT Daylight Time,
[log in to unmask] writes:
<< Agreed but as is in my Council all employees are made aware that should
there be recurring instances of sickness/patterns of sickness beginning to
form (either genuinely or swinging things) then we are all aware that OH may
come into play - if you refuse then the employer may have grounds for
dismissal and therefore by taking up employment with the employer you are
agreeing to all policies. As to the OH practitioner - the employer may have
an agreement (third party contract) with him/her that any information will
not be further disclosed unless it is in the interests of the employee e.g.
referring to a consultant at a local hospital. That's basically how things
are handled here but every employer may have different scenarios!! >>
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If a person decides not to tell their employer the precise details of the
illness (I don't mean dates and general descriptions such as "feeling
unwell") on the grounds that there is no legal requirement to do so, how
could you sack them? If the person is told (as part of their contract) that
if their absence reaches a certain level in terms of number of days,
incidence, etc, that they will be referred to the OHP then the individual (if
the OHP is indeed under the control of the employer) may decide not to tell
the OHP the precise details of the illness. "I'm sorry I can't tell you,
because you'll be required to tell my manager and/or HR department".
If the OHP can decide not to tell the employer and hold the data in
confidence under medical rules then are they not a separate data controller
in respect of that information? Or should the contract terms be altered to
allow all but the sensitive stuff to be given to Human Resources?
If of course the illness is work-related that may put a different slant on
things because of other legislation.
Ian Buckland
MD
Keep IT Legal Ltd
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