Employer asking for medical information

[Beardy123]

I just got a new job working in a coffee shop, and they gave me a load of forms and things to fill in. One of them was a medical questionaire that seemed very invasive and asked loads of personal questions, with no statement of any sort of confidentiality protocalls and a warning that if you were found to have lied on the form you would be fired for gross misconduct.

 

The questions included one asking if you had been to the doctor in the last year and what it was for, what medication you're taking and what it's for, and whether you had ever taken time off work for mental health issues or emotional problems.

 

I understand that they would need to know if there were any issues that would mean you couldn't do your job properly, but this seemed really over the top and unecessary. There are plenty of medical issues that you might not want your boss/work collegues to know about and that have zero impact on your work.

 

An extra thing for me is that I'm transgender, I take testosterone and I've had a couple of surgeries as part of my treatment in the last couple of years. This is information that the form was forcing me to state. I'm generally quite open about it but I don't want the control of who I out myself to taken away from me, and it feels very invasive of them to ask for this. I also feel that if I was indeed suffering from a mental health condition of some kind the form would freak me out and make me feel very unsafe there, despite anti-discrimination laws.

 

I've spoken to a few of my friends about this and they all say it sounds very strange and isn't something they've come across before, including friends who've worked in recrutment.

 

I'm not planning on having the job for very long (though I may end up doing it for a while dependant on circumstances), so ideally I would wait untill I wasn't doing it any more to make any sort of challenge.

 

Does anyone know the legal status of this? How much medical information can an employer make you give them?

[renegadeimp]

If they dismissed you because of your sexual status/preference, you can claim unfair dismissal as they have been discriminatory.

[Beardy123]

That's not relevant, and not what I was asking. I haven't been dismissed and I know that if I was for that they would be breaking the law. I was just using that as an example.

 

The question I'm asking is about employee's rights to privicy. the fact is they don't need to know the answers to the questions they were asking. It felt like a massive invasion of privicy, especially as I had no idea who would be seeing the document, where it would be kept, what it would be used for etc.

 

Many people have had embarassing medical issues that don't affect their ability to work and that they really wouldn't want their bosses to know about (especially when they've just met them). For example, what if you'd recently been to the doctors for herpes medication? How would you feel if it was demanded that you reveal this to your new boss?

 

I don't think people should be forced to disclose this kind of information, and I was wondering if the law backs me up on this.

[renegadeimp]

It is relevant, as it could happen if you get the job. It happens all the time.

 

AFAIK they can only ask questions such as : Have you ever had x. Do you suffer from X. When was the last time you had X. Do you have any other illness's we should know about?

 

They cannot ask for a fully detailed medical history even if you say yes to one of the questions. They can ask for general information, but they cant go into explicit detail. Especially for a coffee shop. Medical history is private and sensitive info and is covered under the law.

[Beardy123]

Thanks for that, is there an organisation that deals with regulating this stuff? Could I speak to them anonymously and ask them to request to see a copy of the form they get new recruits to fill in to see if it's appropriate?

[honeybee13]

Thanks for that, is there an organisation that deals with regulating this stuff? Could I speak to them anonymously and ask them to request to see a copy of the form they get new recruits to fill in to see if it's appropriate?

 

Hello there. I expect the employment guys will be along later.

 

You might consider speaking to the EHRC [equality and human rights people] about your current issues, they should be able to advise you. As for regulators, I'm not sure, but the guys should know.

 

My best, HB

[Atlas01]

http://www.equalityhumanrights.com/uploaded_files/EqualityAct/pre-employment_health_questions_guidance_for_employers_final.pdf

[Nystagmite]

thanks for that, is there an organisation that deals with regulating this stuff? Could i speak to them anonymously and ask them to request to see a copy of the form they get new recruits to fill in to see if it's appropriate?

 

acas?

[Emmzzi]

Ask your new employer the purpose of the form, who sees it and how the data is kept as a starter?