Hi Maralyn,
If the manager considers that their confidentiality has been breached, I
would argue that they should have made it clear from the start that the
conversation was to be treated as such.
The manager seems to have given you information in the expectation that you
will use it in some way or other, otherwise why tell you? ..... as they say
in journalism, "nothing is ever completely off the record".
However, despite saying that I do tend to ask managers if the information
they give me is 'on' or 'off the record', as this give me a flavour as to
whether or not I can divulge all or parts of it to the employee, and if
there is any information discussed that may be contentious I always ask for
clarification before using it.
You seem to have done the best you could in the circumstances, and it is
always so easy for a manager to complain after the event if they feel what
we have done is 'wrong'. Does this mean that the manager in question would
have withheld information that is helping you manage the case if they knew
it was going to be transmitted to the employee, if so such an action would
not be in the interests of either employer or employee.
Best of luck, Bob
-----Original Message-----
From: Maralyn Cohen [mailto:[log in to unmask]]
Sent: 05 December 2005 10:16
To: [log in to unmask]
Subject: Confidentiality of HR/OH interview
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.
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