Everyone has to explain details of their sickness - we are accountable to
members of the public (public funds) and we cannot be seen to be allowing
people to be (skiving!!!) We have procedures in place where we have an
interview on first day back to work (with our Line Manager) to ask how we
are - what exactly was wrong etc etc. We have an obligation to explain
being off work. Perhaps it is different in other government/private
organisations but it works here.
D
> -----Original Message-----
> From: [log in to unmask] [SMTP:[log in to unmask]]
> Sent: 19 September 2001 11:44
> To: [log in to unmask]
> Subject: Re: Control of OH medical data
>
> 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!! >>
> --------------
> 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
>
> Please Note: The information contained in this document does not replace
> or
> negate the need for proper legal advice and/or representation. It is
> essential that you do not rely upon any advice given without contacting
> your
> solicitor. If you need further explanation of any points raised please
> contact Keep I.T. Legal Ltd at the address below:
>
> 55 Curbar Curve
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