Hmmm....
Interesting discussion and reminds me of one we had on the old Jisc about 6 years ago about consent to refer to OH which may still be in the archives..
Any hoo surely it would come down to what the person had consented to. If memory serves the 'client' consents to a report being sent to the employer and that would include the manager involved as that person would be part of the 'employer'. I agree that the client needs to know who the report is going to be sent to and as many colleagues have already said it is already in the open domain and the manager could just as easily go to the HR person who has a copy and ask to see it from them.
Having worked for a large local authority myself I got into the habit of writing my reports without putting any medically confidential information in them ie the stuff that the 'clients' manager/ employer didn't already know, to protect myself against claims of breaching confidentiality....never been sued...yet!
Ultimately your protection is to say that the 'client' only gave informed consent for you to send the report to the persons named on the referral form and as your actions are controlled by the NMC you are unable to disclose - if you feel that your report meets the criteria laid down by the CoC see http://www.nmc-uk.org/Nurses-and-midwives/Advice-by-topic/A/Advice/Confidentiality/
Not an easy decision to make by any means but please keep us informed as to the outcome.
Email me off line if you want to talk your ideas through?
Rgds,
Jeremy
Jeremy RF Smith
RGN BSc Hons (OHN) SCPHN
Independent OH Consultant &
Business Health Coach
Occupational Health Services (South East) Ltd
Mob: 07764168867
Web: www.ohservicessoutheast.co.uk
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