Hi Cath. it sounds complicated but go back to basics. the employee has a right for his notes to be seen by whom ever he likes and you can give them providing he has given his written consent for you to do so. It does not matter where he works or if he is putting in a claim. They are his records which he is entitled to a copy of under data protection. Tracy Sent from my BlackBerry® wireless device
Date: Wed, 14 Aug 2013 21:11:49 +0100
Subject: [OCC-HEALTH] Odd query
Hi knowledgeable collective
I have a query I would appreciate your advice on.
At one of the two companies I am shared with, there is a part time/as when
required/available employee, (HGV driver), who was absent for a prolonged
period of time last year, due to a work related accident at his full time
role with another company.
I managed him back into work, on a phased return to
work plan, and with some emotional support as he was struggling with returning
to his full time role with the otther company, as he described/displayed
what looked like a post traumatic reaction to the accident, (hit and seriously
injured by reversing FLT at night -yes he was in the pedestrian area and wearing
his hi vis) he presented as a sincere, genuine guy. I recommended if he was
having these difficulties he discuss the possibility of some psychological
support with his GP and company.
I have now receieved a signed consent form for my
OH records from his other employers solicitors. He has put in a
claim against this company. I am unsure of how to proceed with
this.
1 - I have discussed this with my HR manager, and
she has agreed to me seeking this advice from yourselves as she also does not
feel comfortable with this request.
2 - I am not employed by the comapny he is claiming
against.
3 - Am I leagally bound by this request and what do
I disclose.
3 - Should I ask him what they are seeking and
why.
4 - Should they not be seeking their own OH
advice.
5 - Are there legal implications involved with
disclosing his information to his other employer. (No request from his
solicitors)
many thanks in advance
Catherine Farrimond
OHA