Posted By Tara
One of our senior managers agreed to an occupational health assessment. This was in relation to stress issues and a breakdown whilst at work. We hve received the written report, and the Manager is now seeking a copy of that report - do we have to give him a copy.

Posted By Philip Roberts
Tara,
I believe under data protection anyone has the right to see what data, including medical reports, is being held in thier personal files at any reasonable time.Therefore you should show them the report,

Regards
Phil

Posted By duncan abbott
Given that this manager suffers from 'stress' it might be prudent not to increase his stress level by failing to showing him the report.

Unless there is a presssing reason not to show the report, it would be better to be transparent.

The test is by imaging yourself in his position and asking'What would I expect if I was this person?'

As JP Sartre would say 'In fashioning yourself, you fashion mankind'

Posted By Stuart C
If the report is about him and any illness which he is suffering he has every right to see the report.

Posted By Kieran Duignan
Tara

Although you haven't stated it, I understand that you authorised this report as a risk assessment exercise in compliance with the Management of Health and Safety at Work Regulations 1999.

If the findings of the report warrant you withholding the report in order to better manage his risks of stress, fine. Just let him know in writing this is your reason.

Otherwise, you may be well advised to consider managing your own stresss levels if he makes claims for aggravated damaages for personal injury and under the DPA.

Posted By RL Michel
Regarding the DPA and workers' record. The code of practices are available on:
http://www.informationco....uk/eventual.aspx?id=437)

Part 4. Information on workers' health is still a consultative document but in Part 2. Employment records:
p.33 Benchmark:
"1. Establish a system that enables your organisation to recognise a subject access request and to locate all the information about a worker in order to be able to respond promptly and in any case within
40 calendar days of receiving a subject access request."

But also: "There are a number of exemptions from the right of subject access which can be relevant in an employment context."
p.60
- information held for management forecasting or management planning, for example
- information about plans to promote, transfer or make a worker redundant, may be withheld to the extent to which access would be likely to prejudice conduct of the employer’s business.
- information consisting of records of the intentions of the employer in relation to negotiations with a worker may be withheld to the extent to which access would be likely to prejudice those negotiations, for example because it would give away the employer’s 'fall-back position'.
- information that consists of a reference given or to be given in confidence by the employer for;
(a) the education, training or employment of the worker
(b) the appointment of the worker to any office
(c) the provision by the worker of any service
may be withheld.
• information held for;
(a) the prevention or detection of crime
(b) the apprehension or prosecution of offenders
(c) the assessment or collection of any tax or duty or of any other imposition of a similar nature
may be withheld to the extent to which access would be likely to prejudice any of these matters.
There is also an exemption which applies in limited circumstances where releasing information could affect the price of a company’s shares or other financial instrument. This is known as the corporate finance exemption.
In addition, information that identifies someone other than the worker can sometimes be withheld.