No question about having consent to release the medical records of an individual - ring your professional body for support immediately
the issue with medical report from Psychiatrist and Psychologist - that depends on who its addressed to surely - if its addressed to OH or the practitioner for OH then it should be treated as confidential medical information and requires the individuals consent but if the reports are written to the HR / manager the surely they have a copy? If the individual refuses to give consent then you have to have a court subpoena.  
It might be a good idea to review the whole policy/ process of who writes for a report and who has a copy etc. within the business you are providing OH for. A strong policy does help support OH in this sort of conflict.
Good luck - let us know how you get on
Kind regards
Gail





Julie Elwell <[log in to unmask]>
Sent by: [log in to unmask]

18/01/2008 15:14
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        Subject:        [OCC-HEALTH] Employee Tribunals



Hello All,

I need some advice please.  

An employee is taking the Company to court following an altercation with a
manager which led to the employee having time of work.  He is still
currently off with depression.

During this time, the Company paid for him to see a Psychiatrist, a
Behavioural Psychotherapist (including CBT sessions) and a Counsellor.

I had to see the Company Solicitor today to answer questions and she also
wanted copies of his medical reports from the Psychiatrist and
Psychologist.

Do I need to obtain his consent before I give the Solicitor copies of his
med report.  I was told by Solicitor and HR manager in so many words that
if I didn't then the Company could dispense of me but I am aware that I
could compromise my pin number etc.

They also said that because they paid for the report then they have a
right to see it.  Help!!!

I also have to attend the ET but I will think about that nearer the time.

Thanks for any help.

Regards

Julie

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