Hi Suzanne
Obviously your concern that you cannot share any of the OH record with the employer's legal team without consent is correct..
If you have had a consented request for the records and it states that the case is private and outside the reference of the employer, you can tell the legal team of the employer precisely that statement. Often such letters go to the employer to be passed on to the OH department - I have had many similar letters passed to me by HR.
i am not sure why OH would be called on as an expert witness in something that is not employment related - what area of expertise can you be calling upon.
But as someone in the OH team may need some legal advice regarding testimony or time off to do so, you may have to say something as it is in relation to 'your job' even if not the employee's in question.
If in doubt tell the employee what you are going to do and what you are going to say so there is not possible chance of being seen to thwart their confidentiality.
If in doubt ask the legal team at the RCN.
Good luck
Sue
Susan Gorton Occupational Health Department Manager Occupational Health Department, Level 3 Ormond House, 26-27 Boswell Street, London WC1N 3JZ Mob: 07833294568 Tel: 020 7813 8554 Ext 0247 Fax : 020 7813 8355 Email: [log in to unmask] From Sept 2010 I am on study leave on Tuesdays throughout the academic year
>>> Suzanne Ford <[log in to unmask]> 07/05/2011 13:22 >>>
Hello all,
may I draw on list experience and ask for opinion on response to a request recieved for disclosure of OH records from Crown Prosecution service?
These records, highly sensitive, are likely to provide corroborating evidence of a personal matter not related to employment. A report will be requested from the OH "expert" involved and there is a possibility this person could be called as an expert witness. OH service and the individual are both employees of the aforementioned employer. The individual has given consent to release the OH records to the CPS.
Would the individuals employer (legal team) need to be advised of this situation and what information regarding the case may be shared with them to maintain individuals confidence?
thanks
Suzanne
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