The Harrods Scandal
The developing scandal about occupational health at Harrods has started to focus on alleged practices in the Corporate Health department. A number of ex-employees have alleged that inappropriate medical tests were conducted and that results were shared with Mr Fayed without their consent.
If true, the allegations are a serious breach of confidence and trust, which are the bedrock of clinical practice. It is understandable
that employees may be concerned about what may happen to their information, if they visit occupational health.
If an employee is concerned about how their health data may be processed, it is worth noting that some of the laws which apply to health, disability and data have changed (for the better) since the alleged practices at Harrods.
The Equality Act 2010 came into effect around the same time that Mr. Fayed sold Harrods. The Act stipulates that employers can only ask questions about health that are relevant to the role. There are only limited circumstances under which employers can ask questions about health before an offer of employment is made. This free guide for employers is very helpful.
The laws about Consent in medical practice are based on a mixture of statute and common law. The Data Protection Act 2018 and the Mental Capacity Act 2005 set out clear guidelines and case precedents continue to evolve, which form the body of law applicable to clinicians when seeking and applying consent. This GMC guide is useful for clinicians and interested parties. The Department of Health also has detailed information available.
GDPR has become entrenched in business practices and daily life. Many of us participate in annual information governance training at work; medical practitioners in reputable health businesses will be required to as part of their role.
The SEQOHS (“safe, effective, quality occupational health service”) Standard is an indication that an occupational health service has been audited by the Faculty or Occupational Medicine and has demonstrated good standards, including information governance training and controls.
There are strict laws that apply to every clinician in the UK, including occupational health practitioners. For doctors, the GMC sets out core standards it its’ Good Medical Practice, which applies to every UK registered doctor. Breaches of the standards can result in sanctions, such as warnings, suspension or erasure from the medical register (“being struck off”). The NMC applies similar standard to nurses in the UK.
“If proven, the allegations are a simply staggering breach of trust” said Magnus Kauders, Managing Director, Occupational Health Assessment Ltd. He continued “it is saddening that such alleged poor practices can reflect on an entire profession”.
If employers are holding or processing employee health data, they may wish to consider how to manage employee health data, which is a plain English guide distilled from the ICO’s detailed guidance.
About Occupational Health Assessment Ltd – a nationwide
occupational health provider
Occupational Health Assessment Ltd provides rapid access to expert occupational health support for businesses across the United Kingdom. Appointments are available nationwide within two days.
With a unique occupational health assessment service, night worker health assessments, fitness certifications and access to clinics in Belfast, Birmingham, Bradford, Brighton, Bristol, Cardiff, Coventry, Derby, Edinburgh, Glasgow, Hull, Leeds, Leicester, Liverpool, London, Manchester, Newcastle, Northampton, Nottingham, Plymouth, Portsmouth, Reading, Sheffield, Southampton, Stoke, Surrey and more, the business provides high quality, expert medical advice.
Please contact us for further information or assistance.