Disclosure of medical information at work

[Pink7]

When I was off sick my manager shared my medical condition with her manager despite my explicit request that she did not share this information with any colleague. I've complained to HR that this disclosure was without my consent and has caused me distress but they have argued they didn't need my consent as the disclosure was necessary to ensure they were managing my absence fairly. I am absolutely horrified. Are they correct in saying this disclosure was permitted without my permission?

[stevemLS]

Re: Disclosure of medical information at work

It does depend on the circumstances.

How long were you off for and what was the nature of your illness?

(Welcome btw)

[judgemental24]

Re: Disclosure of medical information at work

If that request was put into writing then yes they have to honour that request if done under the Data Protection Act

If not they can share your details with direct managerial grades

[Pink7]

Re: Disclosure of medical information at work

It does depend on the circumstances.

How long were you off for and what was the nature of your illness?

(Welcome btw)

Thanks for replying. At the time of the disclosure I had been off for about 8 weeks for an operation.

[Pink7]

Re: Disclosure of medical information at work

Thanks for that. My request was verbal, face to face. I've since returned to work and put in writing to HR that they do not have my consent to share my medical information further and they have said they cannot guarantee that as it may be necessary to share it for the purpose of managing my attendance at work. I have an ongoing condition and have prevented them from having any new information but they are saying they will share the information known earlier in the year, without having any way of knowing which of it is still relevant.

[stevemLS]

Re: Disclosure of medical information at work

[MENTION=70489]judgemental24[/MENTION] is right but in order to avail yourself of that protection you would have to have given notice in writing that you required your employer not to further "process" your personal information, however, that notice is not effective if the processing is necessary to fulfil the terms of a contract to which you are party (Schedule 2 para 2).

I can see why a line manager would want to discuss the management of a member of staff off on long term sick with their line manager and, in my view, that would be perfectly legal.

- - - Updated - - -

I also think that if you are seeking sympathetic management of a condition which, as you say, is ongoing, you are potentially making a rod for your own back.

[Pink7]

Re: Disclosure of medical information at work

I'm not seeking any sympathetic management and am back at work, fully functional and full time. I'm pursuing the point with them in case I'm absent again in the future as I want to know whether they have a right to share the medical reason for my previous absence. How long after that period of absence is it reasonable for them to share that medical information?

[stevemLS]

Re: Disclosure of medical information at work

I would say as long as is relevant and proportionate.

So, if you have a rolling sickness absence monitoring period it may be relevant for 12 months.

If the "ongoing condition" amounts to a disability, it may be relevant (and operate to your advantage) should you have any related absence.

[Pink7]

Re: Disclosure of medical information at work

Useful to know, thanks. My main concern is privacy. I cannot see why my second line manager needed to know my actual medical condition and why an occupational health report stating my fitness for work or otherwise would not suffice.

[judgemental24]

Re: Disclosure of medical information at work

It comes down to statutory duty on your employer for your welfare
.
Certain things are handled by Occupational Health and the employer would never know.

Things like "Womens biological issues" HIV, Cancer etc.
But we are then moving into the Equality Act and "Protected Characteristics"

Things like Diabetes, known allegies that causes Anaphylaxis (epinephrine pens)

All managers will need to know

This is the best reason generally for staff and management responsibility

http://www.legislation.gov.uk/uksi/1...ulation/3/made

[Pink7]

Re: Disclosure of medical information at work

Are the conditions prevailing at the time of the disclosure not relevant? There was no discussion of my possible return to work at that time and I was safe at home. I had an OH assessment at the time I returned to work and asked the OH doctor to omit any medical information. HR did not suggest at that point they were unable to fulfil any legal obligations by not having my medical information at that time.

[judgemental24]

Re: Disclosure of medical information at work

You should have been given the choice of seeing the Occupational health report by the provider before it was passed onto your employer

[Pink7]

Re: Disclosure of medical information at work

I did and ensured it didn't contain any further medical information but my manager had already shared the information I shared with her verbally much earlier, despite having promised me she wouldn't. At the point of sharing my safety in the office was irrelevant and my return not imminent.

[judgemental24]

Re: Disclosure of medical information at work

Then disclosing of that data is erroneous at best

The only time it would have been necessary and proportionate will be at the back to work interview as a risk assessment on return to work

[Pink7]

Re: Disclosure of medical information at work

HR have defended the disclosure saying it was necessary for my second line manager to know my actual medical condition so that she could make sure my manager was managing my absence correctly. This seems nonsense to me, as she could have checked that OH were being properly engaged and all the appropriate procedures followed without knowing what medical condition I had. My point is that if I'd known they would share it, I wouldn't have let them have the information in the first place. I assume provided I had a sickness note they could not insist it stated my actual medical condition.