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    • Hi all!   Thank you in advance for any help you can give me!!    I parked up (at 18:08) in a rush, entered my Reg and paid for an hour of parking. At 18:20 I got a ticket for not paying for parking.    I've just looked at my receipt and noticed why ... I put "22" instead of "21"  when i put in my Reg. yes... what a stupid mistake.    I seem to remember there being a court case or a rule change about entering the wrong reg but the company wasn't at a loss because i had paid for the parking just technically for the wrong car. Am i making that up?    Any advice would be gratefully received, even some key points i have to hit when doing the appeal      
    • You haven't returned to the thread to give us your views, but a couple of other things strike me which you should consider: 1. You say that at no time was your father's licence revoked by the DVLA. It didn't have to be revoked. It expired in September and his "entitlement to drive" (of which the licence provides proof) expired along with it. He could only continue driving whilst his application was being processed by virtue of s88, and it seems clear to me (based on what you have said) that he was not able to take advantage of the benefits provided by that section. 2. The letter he received threatening to revoke his licence was probably a template letter sent when any medical issues are brought to the attention of the DVLA. But it is clear that beyond September until it was eventually renewed, your father had no valid licence to be revoked. I believe a "not guilty" plea in court will fail. The basic facts are that your father's licence expired in September, it was not renewed until February because the DVLA were looking into his medical declaration and he could not take advantage of s88. So in December he had no licence and no entitlement to drive under s88. The facts that he believed he was fit to drive and that his licence was eventually renewed may mitigate the offence but they do not provide a defence. I also asked whether he had received a summons (very unusual these days) or whether he had received a "Single Justice Procedure Notice". The way to proceed from here differs slightly depending on what he has received so if you let me know, I'll advise further.  
    • Well, what I've read from various sources suggest if a CCJ is 6 years old that if becomes pretty much ineffective for enforcement purposes in its original form.  And that if it's about to expire then the claimant needs to apply to the court to extend the original CCJ within the final year.  Even if they do apply for an extension within the 6 years they have to have a very strong argument for doing so such as the person being out of the country or could not be traced, basically show they were actively still perusing the debt I guess. Now if a claimant ever does apply within the 6 years to extend the CCJ, would the person named on if be notified by the court that such an application has been made?.  In my case I've heard nothing from the court so assume no such application has been made.  The original CCJ in my own case is now a year beyond the 6 years of issue so must now make things even less likely again. So whilst the CCJ exists that they have not enforced it in that time must surely make it unlikely they can now take it back to court because as said it would be very rare for a judge to agree to such action now. That said, I guess they now can't use the CCJ to continue with any action for an attachment order to our mortgage either?
    • Donald Trump now banned from countries including Canada and UK as convicted felon WWW.INDEPENDENT.CO.UK There are 37 countries that bar felons from entering, even to visit.  
    • Well, they trashed their last election manifesto pledges, so nothing new really is it? They just find weasel words to try to claim they haven't actually failed if you just look at it just a little squinted and in this particular way  - and are stupid.
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Annual medical questionnaire required for employer


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My employer has recently asked certain staff who are on occasions required to travel or work overseas, to complete a medical questionnaire in order to satsify 'fitness for travel' purposes. It's all done through the Occupational health company they use.

 

I find it a bit odd as I work in the education sector and wouldn't think this was necessary and secondly our personnel department has asked us to complete this questionnaire annually as the 'fitness for travel certificate' lasts one year. Also some of the questions are a little intrusive. We accompany students on overseas residentials but they are all over 18 so again, strikes me as a little odd to ask staff to complete such a form.

 

Any thoughts/advice please? especially regarding the annual completion of said form. thanks.

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Sounds to me like they are getting access to confidential medical information by the back door. Surely they should be asking for a disclaimer for access to such information. Alternatively surely the OP could merely refer the questionnaire to his / her GP and ask for a simple letter confirming fitness to travel? If the GP charges a fee, which I imagine they are entitled to do, the OP can ask the employer to pay it?

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I doubt that the employer will receive any medical information at all - they'll just be told whether an individual is 'fit' or 'unfit'. The Occ Health provider won't release any clinical information without a signed release. The medical questionnaire, once completed, should go straight to Occ Health, or via the employer in a sealed envelope.

 

One reason for using Occ Health rather than GPs for this sort of task is that it is more consistent than asking a variety of GPs - and almost certainly quicker.

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ok, thanks for the quick responses. The initial email the personnel unit sent was below (no mention of insurance within it)

 

"You have recently been identified as a member of staff who is likely to work overseas on behalf of xxxx during the next 12-months. In conjunction with our medical advisor, we recently reviewed our guidance and procedures on working overseas to enable us to be sure that we are not putting staff members in situations that may be detrimental to their health. As part of this procedure, we need you to complete the attached medical questionnaire and return it direct to xxxxxx. Your information will be reviewed only by our medical advisor and treated in the strictest of confidence.

 

 

If the completed questionnaire raises no further questions, a ‘Fitness for Overseas Travel Clearance Certificate’ which is valid for a period of 1-year will be issued. Alternatively, xxxx may need further information from your own GP, or may wish to meet with you personally, before proceeding. The Fitness certificate will be sent directly to xxxxx and you will be advised when the medical consent has been given."

 

You will see it is quite carefully worded but understand it is probably because of insurance purposes. I also read somewhere that you could get into some issues if at a later date, something crops up when overseas and I had not been totally honest on the form.... results in a breakdown of trust between employee and the employer.

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I doubt that the employer will receive any medical information at all - they'll just be told whether an individual is 'fit' or 'unfit'. The Occ Health provider won't release any clinical information without a signed release. The medical questionnaire, once completed, should go straight to Occ Health, or via the employer in a sealed envelope.

 

One reason for using Occ Health rather than GPs for this sort of task is that it is more consistent than asking a variety of GPs - and almost certainly quicker.

 

Do you really think Occ Health would 'confidentially' keep ANYTHING if the employer wanted the information. Our experience is that they merely a tool of the employer just like HR. Even without signed disclaimers they leak information and after all it is the information the employer wants. Once they have it officially or unofficially they have it and will use it. Trust no-one with your medical information is my opinion.

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ok, thanks for the quick responses. The initial email the personnel unit sent was below (no mention of insurance within it)

 

"You have recently been identified as a member of staff who is likely to work overseas on behalf of xxxx during the next 12-months. In conjunction with our medical advisor, we recently reviewed our guidance and procedures on working overseas to enable us to be sure that we are not putting staff members in situations that may be detrimental to their health. As part of this procedure, we need you to complete the attached medical questionnaire and return it direct to xxxxxx. Your information will be reviewed only by our medical advisor and treated in the strictest of confidence.

 

 

If the completed questionnaire raises no further questions, a ‘Fitness for Overseas Travel Clearance Certificate’ which is valid for a period of 1-year will be issued. Alternatively, xxxx may need further information from your own GP, or may wish to meet with you personally, before proceeding. The Fitness certificate will be sent directly to xxxxx and you will be advised when the medical consent has been given."

 

You will see it is quite carefully worded but understand it is probably because of insurance purposes. I also read somewhere that you could get into some issues if at a later date, something crops up when overseas and I had not been totally honest on the form.... results in a breakdown of trust between employee and the employer.

 

Are you likely to be traveling overseas? If not why not write back to them and say as much but that if you did apply to do such a traveling expedition you will get a fit note from your GP? I would be very wary of this intrusion.

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Yes, some staff travel overseas about once a year or so. I've since been notified that I have now got the medical certificate. The other reason for my reservations regarding this procedure is that I have an underlying medical condition and I'd rather it was not disclosed to my employers. I completed the medical form honestly, without being too specific in terms of what the condition is but not lying or misleading them. I was expecting the OH company to contact me but quite relieved they didn't. As someone has already mentioned, the employer cannot see medical forms without written consent from the employee nor can they request medical details from my GP without written authorisation from myself.

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Yes, some staff travel overseas about once a year or so. I've since been notified that I have now got the medical certificate. The other reason for my reservations regarding this procedure is that I have an underlying medical condition and I'd rather it was not disclosed to my employers. I completed the medical form honestly, without being too specific in terms of what the condition is but not lying or misleading them. I was expecting the OH company to contact me but quite relieved they didn't. As someone has already mentioned, the employer cannot see medical forms without written consent from the employee nor can they request medical details from my GP without written authorisation from myself.

 

What is the underlying medical condition? The more you have told us only reinforces my belief they are getting information by the back door. Any disability you have should be of no interest to the employer if you are coping with it and it has no bearing on your work. The minute it did have a bearing on your work, you should perhaps reveal the problem so they, and you, can make reasonable adjustments to enable you to remain in work. What relevance would the knowledge of a condition have to the job of supervision etc whilst abroad?

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I'm not prepared to disclose that on a public forum!

 

It doesn't affect my day to day work or capacity to do the job nor have I ever been off work due to the condition. It's covered by the Equality Act 2010 and I mentioned this on the medical form so it should be fairly clear (along with the other responses I gave) to the OH dr. what the condition is.

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Do you really think Occ Health would 'confidentially' keep ANYTHING if the employer wanted the information. Our experience is that they merely a tool of the employer just like HR. Even without signed disclaimers they leak information and after all it is the information the employer wants. Once they have it officially or unofficially they have it and will use it. Trust no-one with your medical information is my opinion.

 

Actually I do think that Occ Health would keep clinical data confidential. Quite apart from data protection issues, Occ Health staff will be governed by their professional standards. Then again, I work in healthcare, so I know how seriously confidentiality is taken.

 

I also have recent practical experience of exactly the sort of thing OP describes. My job takes me abroad from time to time, and before each trip I go to Occ Health (my employer uses an external provider), complete a lengthy questionnaire, and undergo a full medical, including blood screening and a psychological assessment. On my return I go back to Occ Health for a check up. In addition, I can see the Occ Health doctor in confidence at any time, without giving my employer a reason, though they pay for it. In my case the nature of my work, and the location, is rather more challenging than accompanying students abroad, but the principle is the same. Apart from insurance considerations, my employer must ensure that staff do not travel with certain pre-existing conditions or on certain medication.

 

However, all my employer receives from Occ Health is a short report to the effect that I was examined, and found fit (or unfit). I have no doubt at all that no other information would be provided, even if it were asked for. Consequently I have no problem with discussing my health with the Occ Health doctor in the same way as I would with my GP.

 

I'm sorry that you seem to have been the victim of some sort of conspiracy involving HR, Occ Health and your employer, but I do not think it is typical.

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Actually I do think that Occ Health would keep clinical data confidential. Quite apart from data protection issues, Occ Health staff will be governed by their professional standards. Then again, I work in healthcare, so I know how seriously confidentiality is taken.

 

 

Sorry to disagree with you Scarlet but we have personal experience of breaches by OH staff. When the pressure is on they will help the employer or they too become the target. You are either with them or against them when in a dispute. That is why confidentiality agreements are so wide ranging, because when you do get the evidence, as we did, then they have to protect the people that have gone against their professional obligations to help the employer. Just trying to give a balanced view. !!!!!

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