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If disclosure of the records is for corroboration re issues not related to the workplace cant see that the employer needs to know, nor should any details be discussed as the request is relating to criminal proceedings, not work related issues. I think that I personally would be very careful if asked to provide a "report" (or an opinion) as an expert witness in addition to releasing the records for fear of being accused of heresay.  Think RCN or similar may well need to be consulted -

Date: Sat, 7 May 2011 08:22:05 -0400
From: [log in to unmask]
Subject: [OCC-HEALTH] disclosure of OH records
To: [log in to unmask]

Hello all,
 
may I draw on list experience and ask for opinion on response to a request recieved for disclosure of OH records from Crown Prosecution service?
 
These records, highly sensitive, are likely to provide corroborating evidence of a personal matter not related to employment.   A report will be requested from the OH "expert" involved and there is a possibility this person could be called as an expert witness. OH service and the individual are both employees of the aforementioned employer. The individual has given consent to release the OH records to the CPS.
 
Would the individuals employer (legal team) need to be advised of this situation and what information regarding the case may be shared with them to maintain individuals confidence?
 
thanks
 
Suzanne
 
 
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