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Failure To Disclose Medical Info (Depression)


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Hi

I am in the process of taking my previous employer to an ET for Unfair Dismissal and Dis. Disc.

On my medical form that I completed on appointment, I am pretty certain I replied 'No' to a direct question about whether I had suffered from depression. Trouble is, I have suffered from it on and off for years. The application form stated that I could be dismissed if I provide false info...etc...etc'. I never disclose depression voluntarily as I would never get a job. (However, I did not class myself as disabled when I applied only later on) My dismissal was for being absent with depression, but the employer did not follow the correct procedure, etc hence the ET

I now need to disclose my medical records so Ex employer will obviously discover depression.

My query is how will this failure to disclose affect my Tribunal as the employment contract was based on this medical declaration. Will it blow my chances completely? Or will the facts of the actual dismissal still be looked at for fairness/discrimination etc?

Thanks

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Hi Georgeroper1974 and welcome to cag:)

 

I am not an expert on employment law but some on here are and will hopefully chip in their valuble knowlege when they can.

 

As far as I know the tribunal is about the reasons and way you were dismissed. If the company has not followed the procedure correctly then you will win your case.

 

The problem you will have then is that if they discover you suffered with depression before then they can dismiss you all over again as a separate matter.

 

If you were off because of a problem knee for example the company can only ask for medical records about the history of your knee and your depression would never disclosed to them. In this case they will have your history of depression.

 

Are you in a union at work? I would ring ACAS and ask their advice.

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Sorry to give a vague answer but, it depends.......

 

Where you actually diagnosed as suffering from depression before you completed the medical form?

On what date were you dismissed?

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You do not need to give a full disclosure of your past medical records/history. all that you need to disclose is your recent medical history/records relating the period of sickness in question. past medical records are not relevent to the case and therefore there is no reason to diclose them, unless ordered to by the tribunal, which will never happen as they are only interested in the case in question. Infact just a cerificate or letter from the doctor would be enough. make sure you tell your doctor about why you need such letter that way he/she will not unattentionally leave an indication as to the history of your illness prior to the dates in question.

 

Also it is well known that almost everyone has/will suffered some form of depression in their lifes. so weather you disclosed that in the questionaire or not should have had no effect on weather you were employed or not. if they do find out you gave a false answer and take action as a result, then they are basically committing suicide as a company, as they would be openly admitting that if theyd known, theyd have never employed you because of your illness, and in taking such action against you they would be openly condoning people/employers to commit acts in breach of the disability discrimination act. it would also be a seprate legal issue from that of the employment tribunal no matter how much they argue about it at the tribunal, it simply does not have any relevance to the case being heard nor does it make any difference to their there failure to comply with employment law in regards to the correct dispilinary procedue pior to dismissal.

Edited by teaboy2

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Don't be beaten down by anyone just because you have had or have depression! It's unlawful for you to be treated differently because you suffer from it, whether that be from being denied a job, a promotion or any other benefit which would otherwise be open to you.

 

You cannot be dismissed from being absent due to depression solely - the dismissal may have been more about the absence itself as opposed to why you were off. However, they would have to made aware that you are a sufferer before they can make any adjustments, or allowances for you.

 

I completely understand your reluctance to put such sensitive information on application forms or other form surrounding employment. It's a very personal issue, but we have to realise that employers cannot help you if they do not/did not know you suffr from an illness.

 

Good luck!

Lived through bankruptcy to tell the tale! Worked in various industries and studied law at university. All advice is given in good faith only :)

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The DDA also applies and they can not treat you differently due to your condition. The issue is with not telling them, however even if asked a person is under no obligation to answer. If it was part of a formal medical questionnaire which is relevant to the actual job you do then this may cause problems. The only time when they would be justified in dismissal would be if it had any health and safety complications which is unlikely. As what as been said, if they aint follow procedure then you will win your case, although if they find out the Tribunal may reduce compensation. But I think you should be fine.

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  • 1 year later...

Eastern and Coastal Kent PCT v Grey (IDS 875)

The duty to make adjustments does not apply if the employer does not know, and could not be reasonably expected to know, that the employee has a disability and is likely to be placed at a substantial disadvantage.

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I'm confused!

 

Also weary of wasting time reading multiple threads only to find that they have been resurrected from a time when Moses was a lad :x

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