I agree with James' points.
I am sure (correct me if I am wrong) that under the Woolfe reforms, if
the ex employee gives the copies of their OH file to their solicitor,
this will have to, in turn be disclosed to the institutions solicitor so
that both sides have access to the same documents.
I would also agree that only a general opinion can be given re whether
the DDA applies, since you have not met them and the notes may well not
be comprehensive enough to pass a specific opinion.
Meanwhile, as James said, stick to your guns. You will gain respect as a
professional and make your life easier in the future.
Paddy Lorenzen
-----Original Message-----
From: James Beresford [mailto:[log in to unmask]]
Sent: 23 June 2004 15:56
To: [log in to unmask]
Subject: Re: Confidentiality - your help please
Cate,
1. Get in touch with the RCN for back-up.
2. You are not being obstructive
3. Do not release those notes without the written consent of the person
they apply to, either with your own in-house consent or via the
solicitors..or if they want to go that far, get them to get a judge to
subpoena them in court.
4. Stick to your guns.
You'll get far more respect to stick to the right way rather than bend
to their tantrums.
5. You cannot say whether the DDA applies...a court does that..You can
give an opinion as to whether it might and if such a request is received
I see no reason why you should not give a generic file opinion, without
divulging personal confidential stuff. File opinions happen all the time
With kind regards,
James Beresford
Occupational Health Advisor
Catherine Cross <[log in to unmask]>
23/06/2004 15:45
Please respond to Occupational Health mailing list
To: [log in to unmask]
cc:
Subject: Confidentiality - your help please
Dear All
Your help is needed. Let me set the scene. I have been recently
employed as an OHA at a large academic institution. An ex employee is
trying to claim discrimination under the DDA. I have never seen this ex
employee, so therefore have not dealt with them. I have said that if
this ex employee was covered under the DDA then I would assume that my
predecessors would have indicated this.
The Institition has asked for access to her medical notes. I have
advised that I will give copies to both sets of solicitors when 2
consent forms are received by myself at the same time. However, this ex
employee does not have legal representation and has asked for copies of
her medical notes - which I am about to give. The place I work for does
not like this, because this person will not give them consent to access
there medical notes. After discussing the issue today with the
Personnel Director he has indicated that beacuse they have been referred
to OH they have given there consent to let the Institution have
automatic access to there records. I have said that this is not the
case. They have asked if I can look at this ex employee's medical notes
to see if they are or should be covered under the DDA and if this has
ever been mentioned in the medical notes.
I have tried to explain my professional code of conduct re
confidentiality etc, and have been told that this is not the behaviour
(my interpretation) of OH, I get the feeling they think I'm being very
obstructive.
My question is what do I do?, can I give an opinion and look at this ex
employee's medical notes without there consent. I have been told I have
to give the reasons why eg code of conduct, DPA etc by Friday!
Any advice would be gratefully received.
Cate
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