Disclosure of medical conditions to your employer?

DJ17
DJ17 Community member Posts: 10 Listener
in Rare, invisible, and undiagnosed conditions

Hello,

Guys I really would appreciate some input with some links to backup what is the current employment law.

I saw my GP today and she told me when my employer gives me a health questionnaire to fill under the law I am obligated to disclose my medical condition. If I don't and they later find out they can terminate my employment.

I have seen some really old posts on here on this topic but I would like a clarification.

I understand that during the interview process I am not obligated to disclose anything under equality act 2010.

I have an invisible lung condition. It's a serious condition that is not going to go away. It does limit me to what jobs I can do. This week I have completed the UC50 form but I would like to go back to work in some form or at least try to see if I can manage a job.

I feel very strongly about not telling the employer because I know how businesses work.

I am looking to do something like receptionist job or customer service. Nothing to do with vonurabe people or children.

My question is do I need to fill in the health questionnaire and list all my conditions.

Appreciate all input.

Comments

  • michael57
    michael57 Community member Posts: 752 Trailblazing

    i think honesty would be the best policy if you get the job and they know about your medical condition well done if you get the job and dont disclose your condition but they find out you never disclosed it at the interview it could be grounds for dismissal or if anything went untoward with your health tricky choice and i wish you well

  • Albus_Scope
    Albus_Scope Posts: 8,000 Online Community Team

    Hey @DJ17 as you've said, you're under no legal obligation to tell potential employers about any illnesses, but if it could mean having to take periods of time off work, sometimes it's best to let them know, especially as you can ask your employer for reasonable adjustments to make work easier for you. Making sure there's a record of your illnesses can also help if the employer attempts to fire you for anything health related.

  • DJ17
    DJ17 Community member Posts: 10 Listener
    https://forum.scope.org.uk/discussion/comment/936860#Comment_936860

    Thanks for your response. I fully understand that I am under no obligation to say anything to potential employer. My issue is when I start the employment after I signed a contract and I am asked to fill medication questionnaire can I then withhold my medical condition. Let's be real here no small private businesses is interested in employing people with chronic conditions. Different if you work for NHS or public sector. I would have no problem discussing. But with private businesses they will find an excuse to dismiss you.

    I really would like to know if I am obligated under a law to list my medical condition.

    If you could clarify that for it would be great. Ty

  • Albus_Scope
    Albus_Scope Posts: 8,000 Online Community Team

    Legally, no you don't need to disclose medical information to your employer.

    But it can cause all sorts of problems if you don't and depending on the contract you've signed, could lead to dismissal for lying about it.

    Plus it would also stop you from asking for any reasonable adjustments in the work place. And finally, an employer cannot ask about previous absences at the time of interview, but once you have the job, they can then legally ask. If it shows you were off sick with anything related to said illness, then that could lead to issues, including dismissal.

    There are laws in place to protect disabled people in the workplace, but they only work if you disclose your illness to your employer.

  • DJ17
    DJ17 Community member Posts: 10 Listener
    https://forum.scope.org.uk/discussion/comment/936967#Comment_936967

    Thank you again for your response. It's very helpful. I am now more inclined to find work within public sector where disability legislation are taken more seriously.

    I am interested in the part were you said "an employer cannot ask about previous absences at the time of interview, but once you have the job, they can then legally ask. If it shows you were off sick with anything related to said illness, then that could lead to issues, including dismissal". My CV has a gap . I have put a career break since 2016 due to family commitments and other things. Just to be clear during the interview they can't ask you anything about that gap. I don't know this.

    Then after they can check. What does that mean? Are they going to look if you were paid sick pay? Are they going to ask your GP? How is it going to show?

    I would like to have a clear understanding so I know how to proceed. I haven't been in this situation before.

    Thanks again for your input

  • Albus_Scope
    Albus_Scope Posts: 8,000 Online Community Team

    Heya @DJ17 they can ask you to elaborate on any breaks in your CV, they often will, but you can just say you had a career break, that's not a problem. But they cant ask you about any sickness you had in previous employment. But when you take the job, sometimes contracts will state you will need to disclose any previous sicknesses in employment. But it will vary from workplace to workplace, some won't ask. I unfortunately cant give you definite answers, as it very much depends on the contract.

    But again, if you have a condition that could affect your work in the future, personally I always feel it's best to disclose this. If something happens and you've not disclosed it, then you'll miss out on any possible help you could've got through the 2010 disabilities act, as you will have willfully withheld information.

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