Hi Sue,
What’s the context (just as a matter of interest)? Is this a ‘bank’ job? Or are they intending to leave their current employment?
Also, who is doing the asking? You are there to make decisions on suitability for a specific role and you decide what information you need to make that decision. So, if you consider this information is necessary, that’s fine. If someone outside of OH is asking – why and how do they know? It may be the applicant I suppose.
Just considering first principles though, if you do go ahead - I think it will depend upon what you are going to do with the information. It’s certainly ethical to obtain information with their consent, as part of the pre-placement health assessment, so long as it’s following offer of employment (and based upon the declaration on the PEQ), or the issue your assessing is intrinsic to the role - and the person understands why (it is informed consent), etc.
What process will be used? It’s a while since I worked in the NHS, and assume that there isn’t a specific request process – so AMRA applies. Background information is probably the key phrase. If the request is specific and looking to ascertain what adjustments may be required, etc., rather than a fishing expedition, from a DPA and EqA perspective, this would in my opinion be ok (legally and ethically).
So is the information helping you to make a decision about suitability and any necessary adjustments? If so, that appears reasonable – but must be as a result of something that the applicant has declared.
The challenges arise if they are subsequently not employed, etc., when the Trust has to justify this decision!!
You will probably need a few more views from those more learned than myself, but that’s how I see it.
Matt
From: [log in to unmask] [mailto:[log in to unmask]] On Behalf Of Sue Spencer
Sent: Monday, December 09, 2013 11:55 AM
To: [log in to unmask]
Subject: [OCC-HEALTH] release of medical information
I work for an NHS Trust, and an applicant has attended for a pre employment health interview with us. However he currently employed by another NHS Trust and is off sick with work related stress. In previous places I have worked we would not normally contact the existing OH provider for any information. However with his consent the practitioner has been asked to write to the current employer for background information- is this ethical?
Sue
******************************** Please remove this footer before replying.
OCC-HEALTH ARCHIVES: http://www.jiscmail.ac.uk/lists/occ-health.htmlOCC-HEALTH ARCHIVES: http://www.jiscmail.ac.uk/lists/occ-health.html
CONFERENCES AND STUDY DAYS: http://www.jiscmail.ac.uk/cgi-bin/filearea.cgi?LMGT1=OCC-HEALTH