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Jenny
Jenny, Solicitor
Category: Law
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Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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I am a medical doctor and was diagnosed with Leukemia in October

Customer Question

I am a medical doctor and was diagnosed with Leukemia in October 2011. I have since completed treatment with Chemotherapy and Bone Marrow Transplant. I am now in complete remission and ready to return to work. I have applied for a job and has been selected for an interview. My question is whether I am under any obligation to disclose my illness at interview or any other time during the employment process. Please advise?
Submitted: 3 years ago.
Category: Law
Expert:  Jenny replied 3 years ago.
Hello and welcome to Just Answer, there is no obligation for you to disclose this. However if you are asked any questions about your health then you should answer them honestly as an employer may have concerns if dishonest answers are given.

You should also note that cancer is treated by law as a disability for employment law purposes (even in remission). This means if you do disclose and you are not selected for this reason then you would be able to bring a claim of disability discrimination.

All the best in your applications.

Please remember to give positive feedback. I will be happy to answer your follow on questions.
Customer: replied 3 years ago.

Thank you. What about disclosure during occupational health screening?


 

Expert:  Jenny replied 3 years ago.
as I said you should dislose it if asked a direct question.

An employer will be more concerned if you deliberately conceal the information and are dishonest.

Please remember to give positive feedback. I will be happy to answer your follow on questions.
Customer: replied 3 years ago.

Thank you

Expert:  Jenny replied 3 years ago.
No problem, I would be grateful if you would give positive feedback.
Jenny, Solicitor
Category: Law
Satisfied Customers: 6305
Experience: Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
Jenny and other Law Specialists are ready to help you
Expert:  joannem1965 replied 3 years ago.
Hi there it's not possible for employers to ask prospective employees any health questions as that's now forbidden under s60 of the equality act. Some very limited exceptions exist like allowing employer to see if you're able to do an intrinsic function of the job but that doesn't look like being the case here.
Expert:  Jenny replied 3 years ago.
I realise you may find the other experts reponse confusing. Whilst employers are not allowed to ask in the early stages of recruitment offers of employment may be made which are conditional upon occupational health reports. Therefore my answer still applies that you shoudl be truthful but that the Equality Act serves to protect you should an offer be withdrawn on the basis of your condition as a result of the Occupational Health Report.

All the best with this.

Expert:  joannem1965 replied 3 years ago.
Hi there sorry but I'll have to clarify as well as the above is wrong: s60 (http://www.legislation.gov.uk/ukpga/2010/15/section/60) says that A person (A) to whom an application for work is made must not ask about the health of the applicant (B)- before offering work to B, or where A is not in a position to offer work to B, before including B in a pool of applicants from whom A intends (when in a position to do so) to select a person to whom to offer work.

the other pro told you it's possible to make an offer conditional on occupational reports but that's not true and the answer's in s60(10) - A reference to offering work is a reference to making a conditional or unconditional offer of work. so it doesnt matter if the offer's conditional or unconditional - heath questions can't be asked and you've got the law in black & white above

Expert:  Jenny replied 3 years ago.
The other expert has not considered the fact that s 60(6) allows employers to ask questions in order that they can accommodate disabled employees in the workplace by making reasonable adjustments etc. To tell you that they cannot ask about your health/ disabilities is plainly incorrect.

They cannot, as I have previously stated, use this information to
Make a recruitment decision. Ie refuse to recruit you on that basis.

I do wish you all the best .

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