 |
 |
Hi Jo I totally agree with Mel, just do a follow up, even a text or something so you have tried a different method of communication. Something we perhaps can all learn from this, is the importance of making it explicit up front - all about the consent, and what would happen etc, in some sort of information sheet / letter etc. Kind regards Wendy Wendy Ladd RGN SCPHN (OH) Director AWL Occupational Health Ltd Occupational Health, Mental Health first aid training, Bespoke Training, Workplace Mediation and Coaching Tel: 01293 532477 Mob: 07814 288642 Website: www.awloh.co.uk LinkedIn: http://www.linkedin.com/profile/view?id=77137393&trk=tab_pro Based in West Sussex AWL Occupational Health Ltd is a Company registered in England and Wales. Registered number: 7380521 Registered office: Lintot House, 20, Fairbank Road, Southwater, West Sussex. RH13 9LA > On 25 Oct 2019, at 10:45, Mel Whitmore <[log in to unmask]> wrote: > > Hi Jo, > > I send the report to the employee with the relevant advice for review. I also advise the referring manager/HR that it has been sent and that I’ll contact them again when I have a response. > > If I don’t hear back from the employee I prompt them, reiterating that if I don’t hear back from them the report will not be sent and their employer will progress the case with no further advice/input from me. I don’t feel comfortable simply assuming that silence equals consent as there could be all sorts of reasons that the employee has not come back to me. It’s ultimately up to the employer how long they want to wait but I take no further action after this. In my opinion, this prevents any potential future complications. > > If you’re uncomfortable about your previous email perhaps contact the employee and employer again to clarify. Better that than do something you’re not happy with. > > Good luck with it all, > > Mel > > >> On 25 Oct 2019, at 10:09, Jo Edwards <[log in to unmask]> wrote: >> >> Morning all >> >> Interested to hear how you manage the following situation please. Employee attends occ health consultation to determine fitness to attend disciplinary hearing. Discloses new health information that may be pertinent to his case. I believe he is fit to attend and explain why. I sent him the report to view first but he hasn't come back giving consent to send and hasn't responded to my reminder. HR have asked that I email him and I sent the following: >> >> Dear XXX >> >> I wrote to you last Friday with a draft copy of the report I had prepared for HR, but as yet haven’t had a response from you. If I don’t hear from you by 12pm tomorrow (xxxx); I will assume that you are happy with the content, and I will send the report. >> >> Unfortunately without the up to date information about your health and fitness to attend a meeting contained in the report, HR might have to make a decision about how to progress the investigation in the absence of this, given any incident has to be fully investigated in a timely manner. >> >> Please let me know how you want to proceed with this. You can call me to discuss if you wish. Yours etc. >> >> I now feel quite uncomfortable and feel I should have said: If I don't hear from you by 12pm on XXXx I will inform HR that I don't have your consent to send the report, and then follow it up with the next 2 short paragraphs.... >> >> How do you manage these circumstances please? Has your approach to this changed (since GDPR) as I know it used to be standard practice to set a date when the report would be sent, even if consent was not received. >> >> Many thanks >> >> Jo >> >> ******************************** >> Please remove this footer before replying. >> >> OCC-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 > > ******************************** > Please remove this footer before replying. > > OCC-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 ******************************** Please remove this footer before replying. OCC-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