HI
I have had various customers try this one on and I now issue, as part of my Terms an explanation of the rock and a hard place from which we practice. HR are a fascinating bunch at times, as we are, BUT CIPD is also clear that we cannot release info without consent and its intriguing when they get so adamant when in fact they are much freerer to make a tough decision as the tribunals will not look kindly on a employee not allowing their employer to get competant advice. I always advise employees that it is in their interests, as I am sure you do, to allow us to report to the employer as we translate for employers and if they have facts to work to this allows for a more equitable decision.
We have had a really sneaky one where an employee is sueing thier ex employer and another employee has declined to release his records as well (long story) they then tried getting me to redact the paperwork and then send it and I have refused, even redacted the Data Protection Act is clear - no way Jose' they would know who the employee is - clearly think I am daft!!
Have you tried sharing with them part 4 of the data protection act re sensitive personal data and how HR and others are not to be exposed to medical information it as they will not be 'competant' to understand it...
Always good when the Data commissioner can be soo politely insulting!
Good Luck
Paula
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