Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Shared parental leave
    • Redundancy
    • Maternity & Paternity
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
    • OHW Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Shared parental leave
    • Redundancy
    • Maternity & Paternity
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
    • OHW Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Employment lawUnfair dismissal

OH nurse wins case for unfair dismissal over confidentiality

by Sara Bean 2 Sep 2004
by Sara Bean 2 Sep 2004

An occupational health nurse has won a landmark case for unfair dismissal over the issue of confidentiality.

A Leeds tribunal has found in favour of Tracey Cooke on the grounds of protected disclosure in a case that will have serious implications for OH staff instructed to disclose the contents of confidential documents on employees and potential employees.

While carrying out some paper screening for a prospective employee, she discovered the individual was a hepatitis B carrier. However, following further medical information, the individual was declared fit for the post. There were discrepancies over the declared sickness and absence on the application form and references, but after asking to see the individual again, Cooke still found that they were fit for work, and the individual concerned said they were prepared to meet with personnel to discuss the discrepancies.

However, an HR manager called Cooke while she was out of the office and demanded to see the potential employee’s health screening form.
Although Cooke refused, citing the Nursing and Midwifery Council guidelines on confidentiality, the HR manager took the file and read the confidential medical information.

Within three months of this incident, Cooke was dismissed while she was off work with work-related stress.

Cooke took her former employers, West Yorkshire Probation Board, to court under the Employment Rights Act, with the Royal College of Nursing occupational health adviser, Carol Bannister, as her chief witness.

“The tribunal found that the principal reason for dismissal was because I made a protected disclosure,” Cooke said. “I felt I was being bullied and harassed to share information that I couldn’t.”


Avatar
Sara Bean

previous post
Formula One fan club worker wins £26,000 in sexual harassment case
next post
One-third of UK staff love socialising with colleagues outside work

You may also like

One in five employers planning ‘no jab no...

19 May 2022

MP demands timeline on carer’s leave legislation

13 May 2022

Queen’s Speech: absence of employment bill leaves organisations...

10 May 2022

Queen’s Speech: Exclusivity contracts for low-paid workers to...

9 May 2022

MP seeks legal protections for employees undergoing fertility...

9 May 2022

Solicitor unfairly dismissed during cancer recovery awarded £17k

6 May 2022

PwC staff to benefit from extended summer hours...

5 May 2022

A dark day for workers’ rights – why...

29 Apr 2022

P&O Ferries told to return £11m furlough money...

28 Apr 2022

Modern slavery: 10% of companies fail to publish...

26 Apr 2022
  • Apprenticeships are the solution to your recruitment problems PROMOTED | Apprenticeships have the pulling power...Read more
  • What it really means to be mentally fit PROMOTED | What is mental fitness...Read more
  • How music can help to ease anxiety at work PROMOTED | A lot has happened since March 2020, hasn’t it?...Read more
  • Why now is the time to plug the unhealthy gap PROMOTED | We’ve all heard the term ‘health is wealth’...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2022

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2022 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Shared parental leave
    • Redundancy
    • Maternity & Paternity
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
    • OHW Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+