Declaring existing illness to a new employer - do I have to?

[HopingForTheBest25]

Hi,
If a person has been offered a job and then receives a medical questionnaire from the new employer prior to starting work, does the new employee legally have to fill in the form?
I understand that if a person has a disability or needs reasonable adjustments made at work, then it's beneficial for people in that position but if you think it might prejudice the future employer (and it won't impact the employee's ability to do the job no adjustments need to be made), then can a person just decline to complete the form?
Would there be ramifications for doing this?

many thanks

Is it likely to involve sick time, hospital appointments, time off for procedures, first aid at work, is it listed on the questionnaire. What sort of job is it, is it a large organisation that has hr and occy health if you need it.

how do you mean "legally"? I mean they can just say ok then we won't give you the job.

An employer is obliged to ensure an employee is fit to do the job.

If that employee prevents Occupational Health from assessing their fitness to work by deliberately lying and/or omitting relevant health data, that’s a significant problem.

In due course, if it comes to light, the employer is likely to consider the employee to be untrustworthy.

On your own head be it…

It depends.
The request to fill in the medical questionnaire may be access collection of data by the employer and IMO it is not a sackable offense to not include data which is not relevant to your ability to do your job.

If you loose out the protection of having a disclosed disability.

You also need to be honest if your are being insured eg as a driver or they are paying BIK for medical type cover but imo HR should allow you to send off your medical data form directly

On the other hand if its a proper medical which a doctor is doing then your medical data should not be passed along

There will be no time off for appointments etc. The new employer won't be affected at all. But declaring it might make them think it's a problem which will affect them, so am reluctant to do it. The illness is being managed. Given there's a probation period I would rather the employer judged solely on performance, without any preconceived ideas, which people do have about mental health issues.
@godmum56 - what I want to know is whether an employee has to legally declare any condition and whether an employer can withdraw an offer if an employee doesn't declare a health condition.

So you all generally think it best to declare and not decline to complete the form? Would never lie about it - I would view that as dishonest also. Just wanted to know really whether an employee has to complete the form.

It seems odd to me that our personal medical data, which is private, suddenly isn't so private when it comes to employment, even if you aren't asking an employer for adjustments.

A quick online search says there's no legal obligation to declare mental illness but by not doing so you won't be coveted by the discrimination act and should you become unwell, need adjustments or support they may feel you were dishonest. There's plenty of info online and your medical team and support services can also advise what's best.

Legally no, you don’t have to declare. Morally or if you intend to be honest and trustworthy, then you should declare in order to ensure you’re protected under the Equality Act 2010.

You may not have to declare but if you become unable to work with an illness/injury you already had within 12 months they can let you go, I think. The civil service is big on this. It's to stop people starting work then immediately going on the sick. Also the cost of recruiting is so high, they want some RoI PDQ.

You would have to be very careful in filling in the document.

Dont lie by ticking no when it should be yes or yes when it should be no. You can also try modify the form to limit the specific amount of data which must be supplied.

Thanks all.
I don't need the equality protection and I fear that the additional responsibility that employers have, might be off putting. Just want to be judged on the same terms as everyone else.

How will you feel and respond if you fail your probation, are they a mindful employer, what additional responsibilities do you think they will have, you won't be the only staff member with health issues.

Do you think that by not declaring it because you want to be judged on your performance only then you are suggesting they will treat you differently and discriminate against.you

You do not have to complete the form.
Remember your job is not secure during any probationary period
The employer can make giving you a job contingent upon your completing the form.
I have to say that unless you were a stellar applicant in a very hard to fill job, a refusal to complete the form would bump you down the list.
I'd have to know more about the form to say whether I think that you could answer it without mentioning your condition.

It gives a list of illnesses that you have to tick yes or no to and then a section asking about medication.
Job has already been offered and accepted

I had somebody not be honest as tgey thought we'd withdraw the offer. Many years later she ended up having a lot of time off for the same reason (MH) and it became known that she had this condition and hadn't disclosed it, due to the fear of what we would do.
We didn't do anything about it because we understood the reasoning and she was a good employee, with a disability.

We've already got a few staff with past or current MH issues (I suspect there are more than I know about.) You would be treated the same as everyone else, but I would prefer the honesty.

I had a new member of staff recently- he has disclosed a chronic condition. I asked, do you need any support to manage it? Do you need time off for appointments? He said not currently. I said, then I won't mention it again unless you need to, but please do let me know if this changes, because we can support you and have various resources available. End of conversation.

thanks all. Just to reiterate, would never lie about this to an employer. I just see it as a private matter and don't view it as necessary to disclose something that won't affect the employer and where there will be no request for adjustments. It feels like giving them something to be concerned about right from the start.

Can an employer withdraw an offer after completion of a medical form? Without giving an employee a chance to prove themselves as fit and capable?

Well if it's mental illness that can suddenly happen out of the blue. Someone could start suffering from depression, psychosis or the symptoms of trauma or something at any given time. So I'd say you don't need to put it down.

If it was something like epilepsy where you could have a seizure in work then they would need to know.

Legally they can only withdraw the offer if it was a conditional offer and made subject to satisfactory health checks or subject to occupational health approval; or if the medical form raises clear and justifiable concerns about your ability to do the job. In the latter case, they should first attempt to explore further any limitations you have or reasonable adjustments you might require. They can’t simply withdraw the offer because you’ve stated you are diabetic or being treated for anxiety.

Thank you - the contract says the company can request a medical exam or medical report from my GP.

I was already in full time employment before taking this job, so it doesn't impact upon my ability to work. It just feels like this will make them worry about something they don't need to be concerned about.

Does your letter state that the job is conditional on a health clearance, the form ime goes directly to occupational health in a separate envelope where it should be kept secure and confidential. It's difficult to know as we don't know who the employer is, what the job is or what illness you have.

I think you have to sign a consent to let the company share your medical history with your GP, there may be a box to tick on your contract or the health questionnaire