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Julie

You definitely do need consent.  The case you should read up about is Tracey
Cooke v West Yorkshire Probation Board (2004) ET 1800941/04. The link below
is to an article written by Diana Kloss for Personnel Today and covers this.


http://www.personneltoday.com/articles/2006/03/11/35302/legal-basis-of-maint
aining-confidentiality-keep-it-to.html 

The best of luck

Lindsey


Lindsey Hall
Occupational Health Management Consultant
Split Dimension Ltd
07771 596111
www.splitdimension.co.uk 

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-----Original Message-----
From: [log in to unmask] [mailto:[log in to unmask]] On Behalf
Of Julie Elwell
Sent: 18 January 2008 15:15
To: [log in to unmask]
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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FORTHCOMING CONFERENCES AND EDUCATIONAL EVENTS:
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OCCUPATIONAL HEALTH JOBS
http://OHJobs.drmaze.net

OCCUPATIONAL HEALTH NURSING EDUCATION
http://www.aohne.org.uk