Dear All - I've just had a case in this bracket.  A locum (not me) chose
not to disclose a history of treated bipolar disorder because he
assessed the person as behaving normally and stable.  He sent the
manager a proforma saying "fit for work".  3 months down the line, the
manager is hopping because the person's work performance is poor -
patient has just self-disclosed the history and the manager is saying
"why didn't the OHS tell me ...".  Locum is gone and I have to make
soothing noises.

I would have obtained consent and written a letter using rather general
phrases about monitoring his performance and referring back if
problems.

Kate


>>> Amanda Dowson <[log in to unmask]> 30/11/01 16:28:08 >>>
The problem with this case, if I remember rightly was the way the
consent
form was written. Our consent forms for example gives consent for the
report
to the Occupational Health department NOT the company.

> -----Original Message-----
> From: Jeremy Smith [SMTP:[log in to unmask]]
> Sent: 30 November 2001 15:50
> To:   [log in to unmask]
> Subject:      Re: DDA and disclosure
>
> Christine,
>
> Have you got a copy of OHJ Sept. 2001 Vol53 no 9 pp12-13?
>
> It's a legal article written by  Linda Goldman & Joan Lewis .
>
> Column 2 Para 3 talks about the Farnsworth V London Borough of
Hammersmith
> and Fulham Case where the employer chose to rely on it's own Drs
report
> regarding Farnsworth's fitness to work.  Para 4 states that:
>
> "...the Employment Appeal Tribunal held that the applicant's consent
to
> release her health records was to the council and that the doctor was
not
> bound by confidentiality.  Therefore, the doctor could have given
more
> information to the council on which they could base their decision as
to
> whether to employ the applicant."
>
> I'm not sure if this helps!
>
> Regards,
>
> Jeremy R F Smith
> RGN AIIRSM BSc Hons (OHN)
> Occupational Health Advisor - Dover Harbour Board
>
>
> -----Original Message-----
> From: Dr Christine Rajah [mailto:[log in to unmask]]
> Sent: 30 November 2001 15:20
> To: [log in to unmask]
> Subject: DDA and disclosure
>
>
> Colleagues,
> I have searched the archives for guidance but wondered how you handle
the
> need to give guidance to managers on suitable
accommodation/restriction
> for
> someone who declares a mental health disability eg long standing
> depression
> or general anxiety disorder but who does not want disclosure.
> With physical disabilities guidance such as must not do any heavy or
> awkward
> lifting does not give much away.
> This is assuming they are reasonably stable on medication but would
be
> more
> vulnerable to pressure or workload at lower threshold than the
normal.
> Christine Rajah
>
>
>
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