am I overreacting by resigning

Savvy_Sue

I'm still wondering if an OH assessment has to include the 'why', or whether it could be limited to the actual practicalities of a return to work.

If your employer asked you to have an OH assessment, it might be worth making contact with them and asking if that would be possible.

Actually, another question - what's on your sick note, and has that gone round the office yet?

lynzpower

leemee wrote: »

My GP would write a report with my consent, and yes my employer may ask for an OH assessment, but my understanding of this is that they are going to ask about current diagnosis and this will form part of the report i.e. due to diagnosis of x,y,z patient cannot at the moment do a,b,c this is or is not expected to improve etc, etc. I am happy to tell them when I may return unfortunately without a crystal ball neither a GP or OH doc will be able to tell the employer any more than I can.

The issue is that I cannot trust my employer. I gave my manager my private email address in case any issues arose and it has been given to various other staff. Since I have been off sick my address has been given out to a staff member without asking my permission. I cannot even trust them with very basic information, I certainly cannot trust them with medical information. I am certain that if I gave consent for a medical report or OH assessment that details from it would be circulating the office within a week. I really don't know how this can be resolved without either giving notice or being given notice, I just don't know which path to choose - there doesn't seem to be a way forward.


Lee

Why dont you run these breaches at the information commissioner? Seems like she is not fit & proper for her role as a data controller.

It may be that raising an investigation/ complain this way might accelerate things....

Uncertain

Why not write back to your employer expressing your concerns and saying what kind of report you are prepared for the GP to supply. This is far better than refusing point blank and if nothing else keeps the ball moving slowly.

When they reply to this simply respond by saying you will discuss the matter with your GP.

If it progresses the GP will need your written consent so you can also confirm the scope of report you have agreed to.

As I said before, be gently proactive but slow the pace down as far as possible without it looking obstructive. Never say anything that is not true but it is perfectly possible to write "helpful" emails that actually say almost nothing useful and you can decide what to keep to yourself!

leemee

My gp has stated that I don't make the scope of the report, she does, I can't see that an OH report would be any different - they are going to respond to what the employer wants, not me. And whatever is on the report will become common knowledge, I'm a private person and I don't want to have to be worrying about things like this - It shouldn't be a concern that I have over my employer - I can't trust the managers of the company at a basic level, that's why I wanted to resign.

As soon as I state to my employer what my problem is I expect the relationship to deteriorate pretty quickly. It started as a small business and has grown over the last few years run by people who have no idea how to manage. When I started there were 20 employee's. They take things like this really personally, and the managers close ranks. The company has been taken to tribunal quite a few times and they are very wary when they think it may happen again.

Regarding the information commissioner, I don't think a couple of small things are enough to use - and I can't complain on behalf of others.

The more I write, the more I think I should resign.

I don't know if what's on my med cert has become common knowledge.

Supermarshal

If you agree to a medical report then you should remind your employer that it is medical in confidence and that they are not permitted to discuss it with anyone else without your permission.

leemee

Supermarshal wrote: »

If you agree to a medical report then you should remind your employer that it is medical in confidence and that they are not permitted to discuss it with anyone else without your permission.

I don't trust that even if I asked them that they would comply. I complained about timesheets, reasons for absence and records of sick leave being open to everyone and nothing was done.

Uncertain

leemee wrote: »

My gp has stated that I don't make the scope of the report, she does, I can't see that an OH report would be any different - they are going to respond to what the employer wants, not me.

I think you need to sit down and have a proper chat with your GP and explain in detail your concerns and how much worry this is causing you.

I would also read the GMC guidelines on these type of reports first.

Your GP cannot divulge anything about you without your permission. She can however refuse to provide a report at all if she feels unable to do a proper job within your constraints.

Only you know how this is making you feel but from a financial point of view it does not make sense to resign. If you feel this is your only option then you still might as well sit tight, decline their request (or just ignore it) and see what happens. If nothing else all the time you remain on the staff you are accruing paid holiday which they will have to pay you come what may.

lynzpower

leemee wrote: »

My gp has stated that I don't make the scope of the report, she does, I can't see that an OH report would be any different - they are going to respond to what the employer wants, not me. And whatever is on the report will become common knowledge, I'm a private person and I don't want to have to be worrying about things like this - It shouldn't be a concern that I have over my employer - I can't trust the managers of the company at a basic level, that's why I wanted to resign.

As soon as I state to my employer what my problem is I expect the relationship to deteriorate pretty quickly. It started as a small business and has grown over the last few years run by people who have no idea how to manage. When I started there were 20 employee's. They take things like this really personally, and the managers close ranks. The company has been taken to tribunal quite a few times and they are very wary when they think it may happen again.

Regarding the information commissioner, I don't think a couple of small things are enough to use - and I can't complain on behalf of others.

The more I write, the more I think I should resign.

I don't know if what's on my med cert has become common knowledge.

Im sorry are you sure this is true?

my GP is crystal clear that my medical data is mine alone and only I am the person able to offer consent on exactly what parts to share.

For example Im happy for my GP to share info about the injury that is making it difficult for me to work at the moment, but the gyane stuff that occured long before I took up with theis employer isnt thier business and I wont give consent for it to be shared.

My personal advice is to swing with it.

If that data is splashed around then ( if its anything to do with your gender or a disability) you might have a case, OR a constructive. ( somewhat tenous)

Again I reiterate have you spoken to the Information commissioner for advice on this? Why do you think your information isnt enough? Any piece of data holds the same weight as others???

Edited to say I wholly sympathuise about the sort of company you work for - been there-

SueC_2

elsien wrote: »

Really? Which bit says that as I can't see it in the easy read version?
Sorry, I know this is off topic, but I'm genuinely interested. Just thinking about the people I've come across who are not ill or disabled, but who regard taking the full sickness entitlement every year as one of the perks of the job.

I'm also keen to hear more about this - does anyone know more?

To not be able to ask about attendance record seems like a massive restriction on an employer!

elsien

SueC, I've done some googling and found this summary.
http://www.thisismoney.co.uk/work/small-business/article.html?in_article_id=502545&in_page_id=10

Our company is going to have to change our recruitment policies - at the moment we're using the pre-employment health questionnaires, and no-ones yet mentioned having to stop doing it in this way.