Employer checking hospital appointment!

burnsguitarman

I have been incensed today by my line manager, Next week I have an hospital appointment. I need to go on Tuesday morning, for ph monitoring, this involves having a tube into my stomach via my nose, for 24 hours, thus returning on Weds for it to be removed. I have applied for paid leave (which I am entitled to) I faxed a copy of my appointment letter but detatched the part that gave details of the procedure, as I thought it was no business of my employer. I haven't been given a definate time for my return visit, but it states that it will be between 9-11am and be about 5mins. Bearing in mind this hospital is about 15 miles away (towards Manchester). I work a split shift 7.30-10am and 2.15-4.30pm, I applied for 2 days leave. I later got a phone call from my manager saying that I should be fit to return on the Wednesday afternoon, after querying this statement she told me that she had phoned the hospital and asked if I would be fit to work! I was livid Has she the right to use my appointment letter details to phone the hospital to enquire about me or my appointment? Where do I stand on this? I did tell her in no uncertain terms that I wasn't happy with her action, and she had no right, but does she? I am considering taking this further but wanted other opinions first. Hope it all makes sense.

LittleVoice

burnsguitarman - check with the hospital to find out whether they really told her the information she claims they did. I would be very surprised if they had done so.

Fleago

My view of this is that your Manager was not entitled to do as she has done. I suspect that this sort of situation may fall under the scope of the Access to Medical Reports Act 1988 and if it does you should have been informed that she wished to seek information on the likely impact of your procedure on your ability to work on that particular day and you would have been entitled to give or withold your consent to that as you saw fit. Action against an employer for breaching this Act does not, however, come under the remit of an Employment Tribunal; it would involve taking them to Court, so a big undertaking!

Moreover, I'm concerned that the hospital discussed your case with your employer over the phone and without your consent. I'd be of a mind to also take this up with the hospital themselves.

Now, I can understand your employer perhaps thinking that it might be ok for you to come in for the latter part of your shift, but if I had been in her shoes I would have instead discussed the matter with you myself and perhaps come to an agreement that if you were finished at the hospital early enough and felt well enough then you could work it, but if not you would have the whole day off, letting her know things were going on the morning in question. If it's the case that cover needed to be arranged if you were not going in for the latter part of your day, then I would have erred on the side of caution and would have made staffing arrangements on the assumption you wouldn't be in.

I should point out that the above is only my opinion though, but perhaps a real legal bod will come along soon.

Fleago

LittleVoice wrote: »

burnsguitarman - check with the hospital to find out whether they really told her the information she claims they did. I would be very surprised if they had done so.

That was my initial thought too, LittleVoice, and then I thought, "nothing surprises me any more"! :rolleyes:

tigtag02

It doesnt sound to me like the hospital have given any personal info at all, nor have they discussed OP's medical situation with his/her manager.

Whilst I agree that the manager is out of order the infomation supplied is generic with regards to this procedure.

I suggest OP that you take it up with the next manager in line.

By the way, there is no reaso why you shouldn't be fit for the 2nd part of your shift but your nose might be a little sore

Zebedee69

Hello Guitarman,

Its very very unlikely that anyone said he would be fit to attend work as its against patient confidentiality. I think its detailed in the NHS patient charter.

Get onto your hospital and see what the score is, if someone did let information out they are for the high jump. You will also need a letter confirming how much time you need off.

Your boss is a prat, he/she needs a bloody good hiding!

Charis

Three words spring to mind: Data Protection Act. A hospital would not normally pass on information about a patient to a third party in this way.

" gathering information about your workers' health will be intrusive, perhaps highly intrusive; workers can legitimately expect to keep their personal health information private and[FONT=&quot] expect that employers will respect this privacy"

http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/quick_guide_to_employment_practices_code.pdf
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Charis


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tigtag02

burnsguitarman wrote: »

I later got a phone call from my manager saying that I should be fit to return on the Wednesday afternoon, after querying this statement she told me that she had phoned the hospital and asked if I would be fit to work!

I presume that ^^ is what the following refer to:

Zebedee69 wrote: »

Its very very unlikely that anyone said he would be fit to attend work as its against patient confidentiality.

and:

Charis wrote: »

Three words spring to mind: Data Protection Act

A hospital would not normally pass on information about a patient to a third party in this way.

What the OP's manger states the hospital have told him is generic information!! DPA has NOT been breached and neither has patient confidentiality.

tigtag02

BAD MANAGER: Oh hi, hope you can help me I'm just after a bit of advice. Can you tell me if I would be fit for work on the afternoon of having the tube out? I'm due for it out between 9 and 11.

NURSE: I cant envisage any problems with that.

NO personal info, NO patient breaches ~ GENERIC info!!

(for the record I STILL think the manager is out of order but all the cries of DPA etc are wrong!)

Fleago

I would agree with you, TigTag, if we knew for sure that Manager said it were they undergoing the treatment. If, however, the conversation went like this:

Bad Manager: My employee, Joe Bloggs, is having x procedure and I want to know if they will be fit for work in the afternoon?

Nurse: Oh, yes indeed, no problem, Joe will be fine.

then it is a completely different scenario. In any event, the Manager is out of line whichever way the conversation went.

tigtag02

Fleago wrote: »

I would agree with you, TigTag, if we knew for sure that Manager said it were they undergoing the treatment. If, however, the conversation went like this:

Bad Manager: My employee, Joe Bloggs, is having x procedure and I want to know if they will be fit for work in the afternoon?

Nurse: Oh, yes indeed, no problem, Joe will be fine.

then it is a completely different scenario. In any event, the Manager is out of line whichever way the conversation went.

Totally out of line but I doubt that the hospital would have given any info other than of a geneic nature.

I'm also inclinde to belive that the manager might have found this out from other sources or just be bluffing completely.

I think my point was to be mad with the manager and not the hospital IYSWIM.