Here's an interesting one! Although I am looking at this from a local
authority viewpoint I'm sure it raises questions for all. Apologies for it
being a bit lengthy.
If a council employee has his employment terminated on medical grounds (back
problems for example) and is then employed by a contractor who is working on
contracts for the council would the council be in a position to disclose the
person's reason for termination to the new employer.
The reason why the council may wish to do this is the potential safety risk to
other workers and local residents if the person, for example, suddenly dropped
something from a height because of his infirmity.
From my limited knowledge of the Health & Safety at Work Act I believe that if
the council felt there were a definite safety problem it should act immediately
and not wait while the data subject was informed of a potential disclosure.
I think that conditions 3, 5b and 5d of schedule 2 would apply (Health & Safety
Act and public interest argument) and conditions 2(1) and 7(1)(b) of schedule 3,
but this still leaves the "fair" part of the 1st principle and also principle 2
to consider.
Obviously in these instances we would have to look at the individual case and
decide on the safety risks of the type of work being carried out and fully
document the decision, but if we get it wrong and the person's new employer
fires him we could be open to a compensation claim.
I would be interested to know how any of you would deal with this situation.
Thanks,
Neil
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Neil Chadwick
Stoke-on-Trent City Council
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