Things that employers can ask about an employee’s medical condition:
• Employers can ask questions that help them to determine if they need to make reasonable adjustments. This might include an adapted working environment, or additional flexibility.
• Questions can be asked for monitoring purposes.
• An employer can ask about a medical condition if it’s thought that the condition might affect the employee’s ability to do their job. For example, the British Armed Forces cannot employ individuals that have had two or more seizures since the age of 6, or have a diagnosis of epilepsy.
Things that employers can not ask about an employee’s medical condition:
• An employer cannot ask a medical professional for an employee’s medical records, or information about an employee’s health, without permission from the employee. Even if the employee approves this, they have a right to check the records before they’re passed on.
• Employers cannot request that an employee discloses information about any health conditions that arise during employment. Employees might choose to volunteer information, and if they do then the employer is required to make reasonable adjustments to support the employee in their work.
• If an employer is making reasonable adjustments for an employee then they can seek advice from the employee’s GP, but again they cannot do this without the employee’s consent.
Source: This "Staff-Squared" staffing services article
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03 Jun 2021, 8:48 am
