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I must admit that we tend to document whether the client has rung us or we
have rung them and the arrangements that have been agreed for the next
contact. We try not to ring 'out of the blue' but write to them and ask them
to contact us at their convenience.
We will probably get accused of harassment however for writing to them!!

[Amanda Dowson]

 -----Original Message-----
From: diane romano woodward [mailto:[log in to unmask]]
Sent: 06 January 2004 11:01
To: [log in to unmask]
Subject: Re: Confidentiality of records



Hello all
Tribunal does not necessarily equate with disciplinary action- it may be
some "contest" as to how the firm responded to a health issue.
I have had the unpleasant experience of, having supported an employee
through a return to work for work related stress, being accused by their
solicitor of "harassing the employee by telephone". I now make a note of who
initiated a phone call each time in the notes, as that level of detail was
asked of me. The employee's case against the firm  looked less strong  when
I produce her handwritten thank you card, thanking me for all my help (which
I had kept as part of the medical record)
Sometimes the employees are OK but when solicitors get hold it can take
quite a different turn.

I agree that dates of appointments are usually known, and I would often
email a manager to say that I had spoken with an employee on long term sick
(the employee knew I was going to do this). I agree with Lucy- HR  knows
that OH records are usually in good order. if it comes to a tribunal the
employee is likely to have given written  permission to disclose to the
firms legal department. If not , then err on the side of caution.

Happy New Year


----- Original Message -----

From: Lindsey Hall <mailto:[log in to unmask]>
To: [log in to unmask] <mailto:[log in to unmask]>
Sent: Monday, January 05, 2004 7:56 PM
Subject: Confidentiality of records

One for the New Year if you don't mind getting the grey matter going again
after the festivities

I was asked before Christmas - at quite short notice - to provide to our HR
department a list of dates on which I had seen, spoken to or corresponded
with an employee.  The employee was due to take us to a tribunal in the next
week but has since withdrawn her claim.  I did not provide the details
stating that I would wish consent to be provided first.  Unfortunately,
consent was not provided in time for the submission.  My actions are now
being called into question as it has been put to me that dates,  which many
others knew of anyway, are not confidential. I am not so sure as I
understand they are part of the content of the OH records.

View welcome please

Many thanks

Lindsey Hall
National OH Manager
Environment Agency

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