Catherine,
I wrote in to the list a little while ago after my employers tried to give me a written warning for being "obstructive" re confidentiality in part. In your situation I think that I would only give a general opinion as to whether DDA was likely to apply or not - certainly no further information. As other list members have said, the lawyers will eventually sort things out amongst themselves. One thing I did learn though is that consents have no definitive life as such.  
 
Hopefully the draft part 4 of the DPA will soon be brought to life - it should make situations like this a thng of the past - or so I hope.
 
 
good luck, you have my sympathies.
 
Shelley
----- Original Message -----
From: [log in to unmask] href="mailto:[log in to unmask]">Catherine Cross
To: [log in to unmask] href="mailto:[log in to unmask]">[log in to unmask]
Sent: Wednesday, June 23, 2004 3:45 PM
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



Whatever you Wanadoo

This email has been checked for most known viruses - find out more here ~~~~~~~~~~~~~~~ Please remove this footer before replying.

For list archives and documents, go to http://www.jiscmail.ac.uk/lists/occ-health.html for list archives

For jobs in Occupational Health, go to http://uk.groups.yahoo.com/group/OHJobs/

~~~~~~~~~~~~~~~ Please remove this footer before replying.

For list archives and documents, go to http://www.jiscmail.ac.uk/lists/occ-health.html for list archives

For jobs in Occupational Health, go to http://uk.groups.yahoo.com/group/OHJobs/