Some guidance here: http://www.hse.gov.uk/pubns/hsc14.pdf

Any report they do they should provide you with (they can supply information to employees but I would imagine this is very rare). If I was you I would create a diary and document everything this employee has apprently said when, where and to whom etc.

I don't believe that they have to declare the real reason for their visit and they certainly should tell you of any findings. (unless they were not a real HSE Inspector, you can check this with the HSE).

Not 'lie'.  But certainly not tell you everything.  How else do you think they keep complainant details confidential?

I'd be surprised if the 'report' was more than a record of their visit and brief findings.  Typical claminant solicitor using weasel words.  Simply saying you've got an HSE report sounds threatening but it doesn't say what is says....

Thanks all for responses so far. I should add a little more detail, the HSE did send us a 'report' of their findings and did charge us for it but there was nothing that we were doing horribly wrong they just suggested improvements of which we did all of them anyway. I just thought that if HSE received a report from a former employee that they would have to at least tell you they came because they recieved a report, i wouldn't expect them to tell me who but to say it was random when it certainly wasn't seemed a bit naughty and unnecessary, i should have a right to know as the employer that someone thinks we aren't up to scratch. I have documented all this for my own records (should they be necessary later) and i will take a look at that link MrFlibble.  I just didn't expect that our letter would be shared without our knowledge, seems a little sneaky and seeing as HSE have all the power not sure why they would need to hide anything from the employer, makes it look a little like they are supporting one side over the other?

As an ex inspector, I can tell you an inspector should never 'lie' - that would be wrong, however, they sometimes don't tell dutyholders the truth.......  and there is a difference. subtle, yes, but a difference.

usually this would occurr if we responded to a complaint and the individual (it may be an employee, ex employee mindfull of their need for a reference in the future, neighbour etc) who asks to remain anonymous - we'd say we were responding to a complaint, but can'd disclose who made it.

If the complainant asked for the follow up to be non-disclosable, that meant we would follow up but NOT say it was a complaint. If asked why we had come, we'd make something up (which may or may not be convincing!), If we were asked if it was in response to a complaint we'd say "HSE visits sites for many reasons blah blah...." and not answer the question.  so not a lie as such, more avoiding telling the truth.

That would only be done in these specific circumstances, as far as I can recall, and to protect the interests of the complainant. HOWEVER, this doesn't mean HSE automatically take their word as gospel, and the visit will be to establish the truth of the report.

Innocent until proven guilty and all that.

Hope this helps,

Al

As you have a copy of the report was there anything major or a real cause for concern? I gather that you did say to the inspector that you are aware that the employee was going to make a compliant as he is going to put in false claim as he has been telling everyone that is what he is going to do.

Thanks again for the responses, they are really helpful.

I didn't rquest further information from the HSE regarding their reason for visit. They just said it was random and i left it at that.

I didn't tell them that i already knew they would be coming because i knew what this ex-employee had said which i now regret as reading their website they do say they will assess if it is a malicious claim although i expect the result would have been the same. As a result of the visit we did get a letter with suggestions of improvment which of course we completed.

However as i mentioned we had the HSE visit only 6 months prior and they found nothing, we hadn't changed anything expect minor imporovements in that time so not sure how one inspector can find nothing and another can come up with all sorts of things, some of which really didn't make sense. I did dispute some items but this was not reflected in any further correspondance.

Insurers now have everything i just really wanted to know if the HSE were allowed to pass out the results without our knowledge or permission. I think i have concluded that they should not have done that given section 28. I have a feeling we are at the begining of a long process, very unfortunate that people can still outrightly lie and have employers time taken up dealing with these things.

There is no proof of this 'illness' as of yet, my understanding is the insurers would have to pay so i assume they want to try and tell his solicitors about the fibs and our evidence that proves this and hopefully they will just go away.

Thanks again