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Hi Amanda
Sounds like you should contact RCN for advice, including probably legal advice, as depending on the nature of the problem, this could be in the public interest to disclose, if it relates to another teaching job. Presumably the problem is substantial if the person has already been declared 'unfit'?if the person is likely to be dangerous, or signiificantly harmful, then you probably do have a duty to follow up/ get further advice.Would be interested to know the outcome!
Best wishes
Margaret
Margaret Reddoch
Occupational Health Manager
Amersham PLC
The Grove Centre
Amersham
Bucks. HP7 9LL
Tel. 01494 543440
-----Original Message-----
From: Amanda Dowson [mailto:[log in to unmask]]
Sent: 27 November 2003 08:01
To: [log in to unmask]
Subject: Re: Data Protection / Code of Conduct
This is about mental health issues and fitness to teach.We have had a small number this year who have not been passed fit to teach although clearly think they are and are agrieved at the decision. It is likely that should they reapply they would not declare on another pre-course health dec the history. You will imagine the amount of work that goes into these individual cases and recognise that there are some people within Occ Health whose notes do not need checking for you to remember them.
Amanda Dowson
-----Original Message-----
From: diane romano woodward [mailto:[log in to unmask]]
Sent: 26 November 2003 18:43
To: [log in to unmask]
Subject: Re: Data Protection / Code of Conduct
I would suggest that they are quite separate and that you cannot introduce the information that you have unless there is a clear public health/safety issue. And even then it would have to be handled very carefully indeed.
If it were just that the person had a pre-existing back condition, then probably nothing to be done.
If it was an HIV positive person who was to be doing EPP- then wouldn't the second firm have procedures in place to check as well?
Probably the safest thing to do is to talk to the person about it and ask them to disclose. Failing that, get the person's consent to write to GP and hope that the GP to discloses it to you in the new employment!
Do let us know the condition this is about..
Diane
----- Original Message -----
From: "Amanda Dowson" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Wednesday, November 26, 2003 12:27 PM
Subject: Data Protection / Code of Conduct
> Heres one for discussion!!
>
> If we screen someone at one place of work and identify something that
would
> make a material difference to their employment, and then the same
> person applies for a job at another place where we are providing
> occupational health services and does not disclose this information
> and we remember him (not checking records), are we in breach of the
> data protection act if we follow up on this? If we are, and we
> therefore are not allowed to follow
up
> on this how do we stand in our code of professional conduct as far as
> negligence is concerned?
>
> Amanda Dowson
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