Hello Lynne
This is a bit complex so I will take it point by point:
1. As you are on annual leave your HR department should not be contacting
you regarding an employee during that period. If they happen to ring you at
home, and you happen to pick up, I would tell them that you will deal with
it on your return as you are on annual leave.
2. The GP has given the individual a fit note stating that he is not
currently fit for work and you are in agreement with that - so as far as you
are concerned he is not fit for work. How HR etc choose to take this forward
is for them to decide.
3. Maintaining contact between the employee and the manager is not your
problem - don't get involved in it.
4. You are bound by your NMC code of conduct and therefore you cannot
disclose information re the individuals condition without their consent.
However, you can indicate any workplace implications of their condition,
particularly in relation to suitable modifications.
4. How HR proceed with regard to contacting the client's GP is up to HR -
whether the GP chooses to engage in that process is their decision. The GP
is the advocate of their client and therefore it is unlikely they would
engage with HR under the circumstances you highlight.
Is this helpful??
Anne
On 18/09/2012 17:09, "Lynne Whitmore" <[log in to unmask]> wrote:
> Dear list
>
> your thoughts please.
>
> I have an employee who is currently off sick . His G.P has written 'medical
> condition' on his fit note. The individual has disclosed his condition to me
> over the telephone, knowing that confidentiality is assured. The individual
> was highly distressed during this conversation. He has not responded to any
> call or letter since .
>
> I have informed H.R that in my opinion, based on the telephone consultation at
> the time the individual was not fit to attend work at present . However it
> was made clear that this was based on a limited phone call .The individual was
> due to see his G.P in a few days and had arranged to speak with me again . A
> face to face consultation was the next stage .
>
> A written report was to follow to H.R once further information had been
> sought .
>
> The individuals manager is unsympathetic to whatever this individuals needs
> are . I am informed that there is some difficult history between them .
>
> The manager is very frustrated as the employee continually refuses to maintain
> contact with the company. H.R have been applying pressure and have stated
> that I am refusing to help them . I have informed them that the employee has
> clearly stated that his condition is not to be disclosed .
>
> The H.R manager phoned the individual's G.P directly asking if the individual
> was fit to drive a company car ! No consent had been given to do this .
>
> I have informed H.R that I am unable to advise them at present until contact
> is made with the individual and the report has been seen as requested on the
> consent form .
>
>
> The H.R manager is now telephoning me at home and leaving messages stating
> that he wants to talk to me about this employee. I am currently on annual
> leave and have not responded. I understand that this employee has now been
> signed off sick until the end of October .
>
> I would appreciate any advice on the best way forward to manage the situation
> for both the individual and the company,but also how to handle the H.R manager
> in this case.
>
> Meanwhile back at the ranch ,I am hiding under my bed with a tin hat on'
> screening' my calls.
>
>
>
>
> Many thanks in anticipation
>
> Lynne
>
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