Job Description - Occupational Health assessment on return to work

I issued a GPDR request against the Health company that is doing my OHS assessment for return to work. The Job description I got back I have never seen before and isn't my jiob. I had previously been assessed two times before using this as input as my boss claimed poor performance.
I showed it to HR and they also said they had never seen it. I have asked for a latest job description and my boss and HR just said we don't have them. They said there is a matrix in the database showing roles and skills who is responsible / accountable / responsible / consulted. Other than that there was a slide pack showing where each of us fits in within out solutions department. My boss now claims that is out of date. I have asked him for a latest job description.

In one of these two assessments they recommended exercise which in hindsight could have made my condition worse or even caused my death.

My boss also sent me an email based on their advice telling I should go for a long walk as a colleague had told him that my usual routine was to go home sleep at 5 PM have a snack and return to bed and then get up in the early hours of the morning

He also told me I should try and sleep normal hours and not go to bed before 9PM.
In the end it was discovered I had a Pituitary Adenoma Tumor pressing on my brain.

I am trying to get the OHS company just to write to my consultant for updated info rather than undergo yet another ordeal with them. Also I have asked what they use the job description for and how they ensure its correct. The consultant has already provided a letter stating fitness for work.

With all these strange things going on I am not so clear if my boss was trying to get rid of me or is just Stupid. Wondering what I can do about this.
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Comments

  • LilElvis
    LilElvis Posts: 5,835
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    Sorry, but can't you just continue with your other threads on this topic.
  • k3lvc
    k3lvc Posts: 4,175
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    wizzards wrote: »
    With all these strange things going on I am not so clear if my boss was trying to get rid of me or is just Stupid. Wondering what I can do about this.

    As previously - if you want to keep your job and future for potential redundancy then try to work with OH/Management.

    If you're happy to leave on medical grounds and spend the next xx months/years chasing a moral victory then continue to pick holes/antagonise them.

    I'm sure what they're doing probably isn't right but spending your time throwing around accusations that they could have killed you isn't likely to help your long term position or mental health
  • wizzards
    wizzards Posts: 153
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    edited 20 January 2019 at 10:23PM
    k3lvc wrote: »
    As previously - if you want to keep your job and future for potential redundancy then try to work with OH/Management.

    If you're happy to leave on medical grounds and spend the next xx months/years chasing a moral victory then continue to pick holes/antagonise them.

    I'm sure what they're doing probably isn't right but spending your time throwing around accusations that they could have killed you isn't likely to help your long term position or mental health

    Ok I will have to go then if they insist. They hadn't explained to me at all why I should go and when I went they just shoved forms at me not explaining anything and asked me to sign them. But I will just give the name of my Consultant only as I trust him. My GP has been passing blood test results and private letters addressed to me to the OCC Health company. I have actual evidence that private letters addressed to me are shared with my employer along with my blood test results and a hospital report.
    I am very unhappy about this. I believed that my medical records are confidential and the OCC health is providing a report not sharing NHS records with my employer.

    My employer just says its not our problem and we never had any issue with this company before.
    I thought if the company changes my job with out consultation thats not allowed.

    I don't believe people on here think thats OK ? They are not wild accusations. I have an email from my employer HR department that contains a list of 9 files containing such data and a copy of these file and HR confirmed in writing that the OCC health provided them.

    So you think I should be nice and keep my job bide my time and then make a complaint to the ICO then or just give up. I don't want to report my employer to the ICO, But I have no issues to report the OCC health company.
  • JCS1
    JCS1 Posts: 5,280
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    Surely you GP only gave information to the Occupational Health company if you signed authorisation to do that?


    If that happened, no data breach has happened as you would have approved it?
  • eamon
    eamon Posts: 2,319
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    To the OP.

    Are you able to say what your desired outcome looks like? I would hope that it is to return to work at the soonest opportunity. To enable that you need to engage with the Occ Health firm that your employer is paying for.



    I think that you are spending your energies on looking for conspiracies when none exist. The reality is probably more humdrum in that your employer & the Occ Health are both inept and at the same time.


    In the meantime if you are a Union member then ask your rep for advice on how best to proceed. I would caution against doing anything official at this stage. So that means no grievance, no complaint to the ICO and no raising the hackles of your employer. Save all your evidence for much later in case you need it.



    You are in a game and your desired outcome should be in keeping your job so play the game.
  • wizzards
    wizzards Posts: 153
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    JCS1 wrote: »
    Surely you GP only gave information to the Occupational Health company if you signed authorisation to do that?


    If that happened, no data breach has happened as you would have approved it?

    No there is private correspondence to me from my consultant and a hospital report from 2 years before. I signed for a GP report and nothing else. Not all my NHS test results in raw format to be made available to the OCC health company and my employer. Letters to a patient from a doctor addressed to them are for the patient ? not for distribution unaltered to all and sundry. I asked the ICO and they said breach of privacy. Just like if your employer gave details of your salary and back accounts etc.

    Read the website https://ico.org.uk/
  • JCS1
    JCS1 Posts: 5,280
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    edited 21 January 2019 at 9:18PM
    wizzards wrote: »
    No there is private correspondence to me from my consultant and a hospital report from 2 years before. I signed for a GP report and nothing else. Not all my NHS test results in raw format to be made available to the OCC health company and my employer. Letters to a patient from a doctor addressed to them are for the patient ? not for distribution unaltered to all and sundry. I asked the ICO and they said breach of privacy. Just like if your employer gave details of your salary and back accounts etc.

    Read the website https://ico.org.uk/

    There must have been some form of consent that you had to give to release your GP's records to the OH company? That would include letters from consultants, etc.

    And wouldn't your dispute be with the GP for releasing such documents instead of the OC company or your employer?
  • wizzards
    wizzards Posts: 153
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    edited 21 January 2019 at 9:25PM
    [STRIKE][/STRIKE]
    eamon wrote: »
    To the OP.

    Are you able to say what your desired outcome looks like? I would hope that it is to return to work at the soonest opportunity. To enable that you need to engage with the Occ Health firm that your employer is paying for.



    I think that you are spending your energies on looking for conspiracies when none exist. The reality is probably more humdrum in that your employer & the Occ Health are both inept and at the same time.

    I am already back at work 3 days based on the consultants letter.


    In the meantime if you are a Union member then ask your rep for advice on how best to proceed. I would caution against doing anything official at this stage. So that means no grievance, no complaint to the ICO and no raising the hackles of your employer. Save all your evidence for much later in case you need it.



    You are in a game and your desired outcome should be in keeping your job so play the game.


    My desired outcome is to keep nice and easy and friendly till I have enough info to take legal action probably depending on what I am advised. Yes it will cost me money but at the end of the day I can see a limited future where I am anyway. My Union rep has already advised on some options.

    I am back at work anyway as initially my employer accepted my consultants letter. Later they changed their mind.
  • batg
    batg Posts: 295 Forumite
    wizzards wrote: »
    No there is private correspondence to me from my consultant and a hospital report from 2 years before. I signed for a GP report and nothing else. Not all my NHS test results in raw format to be made available to the OCC health company and my employer. Letters to a patient from a doctor addressed to them are for the patient ? not for distribution unaltered to all and sundry. I asked the ICO and they said breach of privacy. Just like if your employer gave details of your salary and back accounts etc.

    Read the website https://ico.org.uk/
    what are "all and sundry" doing with this information?
    Are only specific people seeing it, or are you worried it is going to go on public display?
  • wizzards
    wizzards Posts: 153
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    batg wrote: »
    what are "all and sundry" doing with this information?
    Are only specific people seeing it, or are you worried it is going to go on public display?

    I don't know who is seeing it. The form said designated persons in my company but it doesn't say who they are. I know my boss is seeing it and probably HR. If I confide in my doctor I don't expect my employer to get a copy of his reply ? If my doctor sends me a private letter I don't expect my boss and occupational health to have a copy. That's not unreasonable. They are there to assess my occupational health not poke their nose in things I may share with my doctor in confidence or things he may share with me.
    I signed a form that says that they will obtain a GP's report. A copy of which would be shared with me before it was sent. It wasn't shared with me and was sent anyway. I didn't sign up to a service where they will have access to my medical records willy nilly printed out by someone in my GP Surgery from the NHS computer. This company rents rooms in my surgery for consultations.
    I didn't sign up to a service where if I shared something in confidence to my boss he would upload it onto a portal owned by this OCC health company either.
    Some of the info is two years old and not even mentioned in the GP's report.
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