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

I think it’s one where you can’t get around it really. Lying on the form, not a good idea, refusing to complete the form is also not a good idea. Lots of employers have that it is a requirement of the offer to get this info and even if they don’t it makes you look difficult if you refuse- and makes it obvious you have something you’d like to hide which also doesn’t look good.

Is there space to include detail in the form? So you can state that you’ve only had X number of sick days in X years and none connected to your medical condition, that it is stable and you aren’t attending frequent appointments, that your references will indicate your current employer has had no concerns with your performance and will confirm there have been no episodes in the workplace which have risked your own or anyone else’s safety etc?

If it’s a conditional offer yes they can withdraw the offer (happened to me just last year). It’s nuanced though because it depends what your job is and what your condition is and what meds you take. The job I’m in we have to declare all medication taken (even if only paracetamol) not doing so could/has lead to disciplinary action. That’s less likely to the case working in a supermarket though.

Thanks again all. It's looking like it will be unavoidable and I'll just have to hope for the best.

My DH had a job offer withdrawn when he declared his (fully managed and controlled) epilepsy. This was many moons ago but has coloured my approach to these matters.

Do you know the reason/purpose for requesting and storing the data? Medical information is defined as Sensitive data so has a higher requirement for data security. A company also has to have a valid reason, defined in GDPR, to request and store data.

An example - driver within the company, will be asked about health as it's required by insurance company.

The companies privacy statement should define this but I don't think there is any harm in asking the purpose. I wouldn't be too keen to send personal health data on email and if sent to the hiring manager who else would receive the information.

What kind of a job requires you to fill in a medical form? Lots of people here seem to have had experience of this so perhaps I am just in a bubble. But if there is no physical component to the job like driving how can they justify asking for medical data? Why have so many people been asked for this?

Why would an employer be able to ask your GP for records? I don’t understand how they can even begin to justify that.

What are all these jobs requiring it (other than driving which has been mentioned a few times)?

Healthcare
Teaching
Driving
Civil service
Military
Work involves prolonged screen use, heights, noise, allergens exposure, flammable liquids

It's all about risk assessments and if you are in a safe environment, would your condition or medication affect yours or other safety, are you likely to need adjustments or time off. You have to consent to the employer and GP if they are asking for medical records but it would only be for a specific reason and it would not be the manager, it would be an occupational health doctor.

I had to do a full medical as part of the offer process of my job, which included a smear test; rather invasive I thought. The doctor explained to me that I could decline the smear test but she would have to note in the report that I’d declined it (which may or may not have led the firm to draw an adverse conclusion). I don’t have any illnesses that I know of, so I had everything done.

If you complete a form and give an untrue answer, that would be a fraudulent misrepresentation. It’s not up to you to determine for the employer what is and isn’t relevant to them. You can decline to complete the form, though that may cause them to withdraw the offer. If it is something which has no impact on your ability to fulfil the role then I would declare it, and give more details about why it doesn’t impact you in the work context.

I think it depends on the illness / condition. If it’s something you may need support with, albeit you’re saying you don’t because it’s under control, what if it becomes out of control at some point, and if it did is it something you’d need to then declare?
I wouldn’t if it’s something completely irrelevant / doesn’t put others at risk / isn’t considered a disability in itself

It depends. DP has epilepsy so is not allowed by law to drive the delivery trucks where he works. His employers know not to ask him to cover when a driver hasn't turned up. Had he not declared it he would have risked being hauled into HR for failing to do something that he was asked to do.

Working at height
Working near/on water
Working with certain types of machinery

Just 3 examples of why DP always declares his condition. 1&3 can be done with strict rules and risk assessments, 2 is illegal.

The job will involve driving a company car but I drive my own car with no issues and the medication doesn't say I shouldn't drive.

Basically the illness is depression after a horrible life event, which took its toll. The medication for it hasn't had any negative side effects and the plan is to reduce it with a view to coming off it as it's not really needed. But apparently you can't just stop, so it's a process. But it's not something which would affect the ability to work.
Reading the contract I don't see how I can avoid declaring it - I just don't want an employer thinking it's a problem for them and not giving g a fair chance to prove otherwise.

With a small number of exceptions (such as in roles or industries where it is prohibited or restricted by law or regulation for a person with a particular condition to hold that role) as you’ve had an offer made, you do have the protection that they can’t withdraw it simply because you have declared a medical condition.

They can request further detail and could then withdraw it based on that if it indicated significant evidence of you being unable to perform your duties, or risk of safety to yourself or others, or if any required adjustments were not reasonable for the employer to offer. But they can’t say “we are concerned that you might take large sickness absences or become unable to perform your duties in the future; or that you might switch medication to one which means you can’t drive; or that your depression could get worse.”

There’s nothing inherently about having depression or taking anti depressants which don’t have advisories about what you mustn’t do whilst taking them which would give them valid reason to withdraw the offer, unless you are applying to be e.g. a pilot, where it would represent a valid concern.

Thank you. Thats reassuring

By declaring it you give them the opportunity to support you if you need time off, reduce any extra stress, understand if something may trigger you. I hope your doctor is helping you reduce the dose, it's not something you should do by yourself and the GP should be there if you need support either on or off meds. They will also need reassurance if you're driving a company car for your own safety and their insurance, what medication is it.

Maybe they would want a GP to confirm the side effects of medication and would they recommend the job

Reading between the lines I assume it is something like sertraline you are on for the depression so you can certainly drive a car with that and if the plan is to come off it then if they do ask your gp for a medical report they can add that in that you need to taper off the pills you cannot just come off them. I was thinking it was say sleep apnea or something which if you did not declare then it would be illegal if you have to drive for work but mental health i dont think i would declare it to be honest.

I don't want them to reduce extra stress etc or do anything they wouldn't be doing for any other employee - my concern is that it will be seen as a potential problem for them, rather than a temporary blip, resulting from a specific situation, in an otherwise long and problem free work history.

The thing with not declaring it is that there is a yes/no box on the medical form so the only way to not declare it is to decline to complete the form ( which would be a red flag and a reason for them to withdraw the offer) or to lie, which I wouldn't be at all comfortable with tbh. It's not how I'd want to start a relationship with a new employer. There's no scope to just avoid answering.

In many companies, such forms don’t anywhere near the Line Manager or even HR.

It’s much better for you to fully disclose and from what you describe there is no way they could withdraw the offer.

I’ve worked in HR a long time. I can remember a time when such info was requested and offers were withdrawn. Any sick leave etc. That doesn’t happen anymore unless a clear statement up front about health/fitness requirements for role. But even then we’d be looking to make reasonable able adjustments and accommodate someone.

It is in your interest to do this but I know how scary OP. But so many companies now understand mental health and are supportive.and the law is in your side.

Good luck with your new role.

Thank you x

Are you not a lawyer? Why the fuck would they need to do a smear as part of that?

Yes I’m a lawyer. I’m a partner in my firm. The job of a partner is to bring in business. If you’ve got a health condition which would impede your ability to do that, it probably wouldn’t be a great business decision for the firm to hire you.