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Subject:

Confidentiality of HR/OH interview

From:

Maralyn Cohen <[log in to unmask]>

Reply-To:

Occupational Health mailing list <[log in to unmask]>

Date:

Mon, 5 Dec 2005 10:16:10 +0000

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (58 lines)

Hi everyone,

Further to what I said at the meeting last week in Harrogate (great to meet 
you all by the way), I have returned to a very difficult situation and hope 
someone can offer guidance.
To anyone who has previously replied to me on/offline in a negative or high-
handed manner, please do not bother yourself to reply.  This is a request 
for help from like-minded colleagues!

Is there any guidance with regards to the confidentiality of information 
given to OH during a discussion by a manager/HR concerning an employee, 
unless specifically stated.

Very briefly, I have an employee from HR off work due to severe personal 
and work-related stress.  His Manager(an HR Manager)came to see me after 
the employee reported sick.  He was aware that I had seen him, but I 
explained that I was unable to discuss or report back due to 
confidentiality, as this had been a self-referral.  However, if he 
submitted a manager referral, I would discuss with the employee what he 
agreed to my disclosing in a subsequent report.

During the talks, the Manager mentioned that the employee had a second 
weekend job and that he felt he should not be attending this. Although the 
job is completely unconnected and different, and would probably be a kind 
of "therapy" by taking his mind of his current problems (a point this 
manager was unprepared to accept), I did mention to the employee when he 
rang me that he should make sure of the HR standing with regard to 
attending another job whilst off sick.

This HR Manager has now complained that I have broken his confidentiality 
(which I was unaware formally existed)as he feels the bounds of 
confidentiality goes both ways. If he had told me the information discussed 
was confidential, of course I would have repected his views.  

I felt it was in the best interest of the employee to be clear where he 
stood, especially as his manager was harrassing him by phone at home since 
being signed off sick.

Sorry this is so long winded but I am hoping for some advice before dealing 
with the situation.  I have checked the RCN code of Confidentiality, and 
the NHS Code of Practice on Confidentiality but not found anything related.

Here's another fine mess I've gotten into!?!?!?

Bashyr - if there is any negative feedback off line, I will certainly 
forward it to you as requested.

Many thanks to all.

~~~~~~~~~~~~~~~
Please remove this footer before replying.

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