The tribunal will demand full disclosure. If the applicant refuses it will compromise his case so let him get on with it! Don't fret you've done your bit & it may not even get to the ET.
Jane Fairburn
OH Services Director
Tel 01925 227 000
Mob 07770 638 268
-----Original Message-----
From: "Lawlor, Julie" <[log in to unmask]>
To: "[log in to unmask]" <[log in to unmask]>
Sent: 21/01/08 08:13
Subject: Re: [OCC-HEALTH] Employee Tribunals
Thank you for your replies. I remember the case but can't remember the
OH name. I can see the employee not consenting to this.
Julie
________________________________
From: [log in to unmask] [mailto:[log in to unmask]] On
Behalf Of sandra glenn
Sent: 18 January 2008 15:30
To: [log in to unmask]
Subject: Re: [OCC-HEALTH] Employee Tribunals
Hi Julie
You definitely have to get consent from the employee before giving
copies of his medical records. If the employee does not give consent,
the court would need to consider whetehr to issue subpoena for them.
Get further advice from RCN. If the employee gives consent, you may
need to check the notes before release that they don't inadvertently
refer to other employees etc.
They would be in a lot of trouble if they tried to dispense with your
services for not breaking clinet confidentilaity. there was a test case
recently involving an OH nurse but can't remember her name. Anyone else
remember?
Regards
Sandra
> Date: Fri, 18 Jan 2008 15:14:35 +0000
> From: [log in to unmask]
> Subject: [OCC-HEALTH] Employee Tribunals
> To: [log in to unmask]
>
> Hello All,
>
> I need some advice please.
>
> An employee is taking the Company to court following an altercation
with a
> manager which led to the employee having time of work. He is still
> currently off with depression.
>
> During this time, the Company paid for him to see a Psychiatrist, a
> Behavioural Psychotherapist (including CBT sessions) and a Counsellor.
>
> I had to see the Company Solicitor today to answer questions and she
also
> wanted copies of his medical reports from the Psychiatrist and
> Psychologist.
>
> Do I need to obtain his consent before I give the Solicitor copies of
his
> med report. I was told by Solicitor and HR manager in so many words
that
> if I didn't then the Company could dispense of me but I am aware that
I
> could compromise my pin number etc.
>
> They also said that because they paid for the report then they have a
> right to see it. Help!!!
>
> I also have to attend the ET but I will think about that nearer the
time.
>
> Thanks for any help.
>
> Regards
>
> Julie
>
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