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Hi
Did the OH person not get consent to send a report to LM? This is usual practice as I know you will know this.
Or, was it a self referral? Never do self referrals for exactly this reason and many more risks to the business, and us professionally.

Kind regards
Elaine  

Sent from my iPhone

On 1 Aug 2019, at 11:47, Wallace, Catherine <[log in to unmask]> wrote:

Hi

 

Our HR department as dealing with a case where an employee is  alleging that because he told OH information, that the business should have known that and not made changes that negatively affected his mental wellbeing.

We do advise employees to speak to their managers regarding managerial issues and if they need support will communicate with the manager with their consent.  

 

We are stating that information supplied to OH in confidence is not shared with the business  and therefore the employee can’t claim legally that the business knowingly put him at risk.

HR are stating that legally the business can be held liable as we are an in-house service.

 

Anyone know any case law that clarifies this one?

 

Regards

Cathy

 

 

Catherine Wallace

Occupational Health Manager

 

British Gypsum, Occupational Health Department, East Leake, Loughborough, LE12 6JG

Email: [log in to unmask]

Tel: (0115) 945 1125

Fax: (0115) 945 1144

Mobile: 07791 782 780

www.british-gypsum.com

 

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