Disclosure of medical information at work

[Pink7]

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.

Given the new information I've supplied that there was no discussion about my return to work or my safety in the office at the point of the disclosure, do you think my actual medical condition was relevant at that time purely for the purpose of ensuring my absence was managed correctly?

[judgemental24]

Re: Disclosure of medical information at work

As you have a protracted absencs Occupational health will do a back to work plan by way of a risk assessment as to current capability

But to be honest there is not much you can do about the disclosure as it has already happened

Management will just say new training measures are now in place to stop it happening again

Where do you want to go with this??

[Pink7]

Re: Disclosure of medical information at work

Exactly and I did have one of those. Therefore at no point do I think it was relevant to disclose my actual medical condition, especially not at the point when my return to work was not imminent. The problem is, you cannot undo such a disclosure. What recourse do I have when HR won't even accept my manager shouldn't have disclosed my medical condition?

[judgemental24]

Re: Disclosure of medical information at work

Trade Union??

[mariefab]

Re: Disclosure of medical information at work

If your medical condition amounts to a disability your employer could also have an ongoing duty to make reasonable adjustments for you.
I have a disability myself and I too don't like the idea that some of the management (who are practically strangers to me) have details of my medical condition.
But I have to accept that if they didn't know them they wouldn't be able to comply with their legal obligations and I wouldn't benefit from the additional protection this affords.

[stevemLS]

Re: Disclosure of medical information at work

We have no idea whether the condition amounts to a disability other than it being described as an "ongoing condition".

Your line manager may even have felt it necessary to discuss with their manager to determine whether any action under their absence management policy was indicated.

[Pink7]

Re: Disclosure of medical information at work

As you have a protracted absencs Occupational health will do a back to work plan by way of a risk assessment as to current capability

But to be honest there is not much you can do about the disclosure as it has already happened

Management will just say new training measures are now in place to stop it happening again

Where do you want to go with this??

If I could get an acknowledgement that this disclosure did not constitute fair processing at that time, I would be happy. However, HR are defending the manager and therefore won't be putting any measures in place to prevent it happening again. I'm now faced with working in an environment where a senior manager knows information about me I didn't want to be shared, and for an employer who doesn't consider it necessary to seek my consent for disclosure of my medical information even though I've let them know in no uncertain terms how unhappy I am about it.

[Pink7]

Re: Disclosure of medical information at work

We have no idea whether the condition amounts to a disability other than it being described as an "ongoing condition".

Your line manager may even have felt it necessary to discuss with their manager to determine whether any action under their absence management policy was indicated.

Although it has subsequently been stated by the OH doctor that if the condition continues it is likely to constitute a disability, my manager had no information to suggest this at the time of the disclosure. Originally she defended the disclosure by saying I couldn't expect her to lie to her manager. It is only since HR have got involved that they've tried to seek justification after the event, hence my claim that this is not fair processing of my sensitive data.

[stevemLS]

Re: Disclosure of medical information at work

And so, as I said, the discussion may have been around whether it was necessary to institute any kind of absence management or capability procedure against you which, in my view, is all the more likely if they have no knowledge of the reason for the long absence. whilst they have a duty of care towards you it is not unfettered and they also have duties toward the organisation to ensure that the work gets done.

As I also said earlier, I think you are making things more difficult for yourself than they need to be. In my view you are being a tad unreasonable.

[Pink7]

Re: Disclosure of medical information at work

I'm not seeking any adjustments or special treatment. I am a high performer and want to be at work. I just want an assurance that my medical data won't be shared without my consent and I don't seem to be able to get that. Sadly, this will probably force me to leave my job as it's been handled so badly with no concern for the effect it's had on me.

[stevemLS]

Re: Disclosure of medical information at work

I'm not seeking any adjustments or special treatment. I am a high performer and want to be at work. I just want an assurance that my medical data won't be shared without my consent and I don't seem to be able to get that. Sadly, this will probably force me to leave my job as it's been handled so badly with no concern for the effect it's had on me.

OK, whilst it might be hard to hear, I previously said you were being a tad unreasonable but I am sorry to say this is one of the most over the top reactions I have ever seen.

You have not given us any indication of why this is so important to you, perhaps if you did, we (I) might be a bit more sympathetic.

[Pink7]

Re: Disclosure of medical information at work

I respect your opinion. A lot of the context is missing here in the interests of brevity. I'm a very private person and hardly knew my manager or my manager's manager as there had been a restructure immediately after I fell ill. Before revealing any medical information to my new line manager I told her how important my privacy was to me and asked whether she could and would keep this information confidential. She assured me she could and would, but then immediately shared it with her manager, telling me after the event without apology. I don't think this is a very good way to win the trust of an employee who is ill and feels a little vulnerable. I was in regular contact with her and complied with every request made of me to talk to her, meet with her, and talk to OH, despite being seriously unwell. If she had realised she had a need to share this information with her manager after all, the least she could have done is discuss this with me first. This would have been common courtesy, whatever the law had to say about it. It is only since the vociferous defence of this disclosure with no acknowledgement of my feelings on the matter that I have opted not to share any further information as this appears to be the only way to guarantee privacy. Having trust in my manager is so important to me that I will give serious consideration to my future with that employer.

[mariefab]

Re: Disclosure of medical information at work

Suppose that she genuinely meant it when she promised to keep your information confidential. She may have only discovered afterwards that she couldn't.
Any information you provide to any level of management could be seen by a Court as in the knowledge of the Employer. Concealing information that could potentially be relevant to a legal obligation of her employer and/or lieing to her manager about it would be a serious disciplinary offence that could, if discovered, lead to her dismissal.

[stevemLS]

Re: Disclosure of medical information at work

I do understand and, to some extent, share the need to keep work and private life separate.

It remains as fact, though, that if you are absent from work, particularly but not limited to, for long periods, your employer has a right to know why. That will include broad information about the medical condition which is, in essence, mitigating the breach of contract you are committing by not showing up for work, and the prognosis. (They obviously need to know whether you are going to be off for a week or six months).

It is not as though, in this case, your line manager has announced in a staff meeting that you are off with whatever the condition might be. Everything you have written suggests that he/she has discussed the matter with their line manager and that is the extent of the disclosure. You have now involved HR.

I do agree, though, that if/when your line manager realise that they would need to have that discussion with their manager it would have been a courtesy to inform you if you were in regular contact.

Again, my own opinion is that you would be foolish to leave a job that is otherwise satisfactory on the basis of this matter.

[Pink7]

Re: Disclosure of medical information at work

HR were involved all along and they received and stored my medical certificates. All along I co-operated fully by providing detailed information about my progress, sharing my GP's opinion, and prognosis, completely respecting my obligation to my employer. My manager was fairly inexperienced and it did appear she had made the disclosure without really considering any legal obligations first. Seeking justification after the event didn't strike me as fair processing.
Having subsequently realised that I could opt for the OH doctor not to disclose my medical information, and that my employer doesn't appear to be able to obtain it without my consent, I suppose that would be one way I could have maintained confidentiality. However, I can't undo their current knowledge. If I had withheld information about my medical condition all along, but provided everything else they needed via OH concerning my fitness for work, prognosis and any recommended adjustments (in my case just a phased return), could they dismiss me for not sharing my actual medical condition?