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

Tbh, I wouldn't agree to a smear test at the request of an employer - that's not like getting your blood pressure checked! Not a lawyer (obviously!) but I think that's a completely unreasonable request and I couldn't imagine a court upholding a company's right to that level of intrusion.

I suspect it's a condition of the car insurance so would declare it. I can't see it making a difference, given ADs are widely prescribed.

However it would be unusual for your direct manager to see it.

I agree! Its quite a few years ago now, around 35 years but when DH and I went to America with his job, is company covered our healthcare insurance completely. In order to do this they required a fairly detailed medical assessment done by a doctor and a nurse including ECG. No enquiry whatsoever was made about my reproductive health. I was within the age range for being offered smears on the NHS.

That sounds like reactive depression rather than a permanent biochemical depression, so you could mention this

I wouldn’t worry at all. I’ve declared a blood disorder with hospital appointments and medication and being immunocompromised for 3 jobs I’ve held
never had an issue

a lot of people don’t but you can’t expect any accommodations or adjustments if they don’t know. Also depends on the impact it has on your role. Eg if you are in a safety/driving role and don’t disclose your employer that you have had health issues that could affect your being able safely to do the job. Eg like the Glasgow bin lorry crash

Legally you don't have to declare it and I agree that it feels really intrusive.

If you don't require any adjustment and the condition is managed then I don't see why they need to know.

I think people on this thread are a bit naive. I have a long term mental health issues and I found that on several occasions I was pushed out of a job/bullied the minute I needed some sick leave and my GP had to write that this was related to stress/depression on my fit note.

No matter how much noise these employers make about equality and diversity the reality is very different.

This is insane. There is no good reason why any employer would need to ask an employee to have a smear test.

If it won't affect your work then I wouldn't. I had a serious mh episode when I was a teenager and was hospitalised for a few months , no way would I disclose this as it was 45 years ago and very personal .

And asking for a smear test for a job as a lawyer is ridiculous and could IMO potentially amount to either/both direct or indirect sex discrimination to ask for that. The “justification” seems to be that illness may prevent someone bringing in business but it’s difficult to think that asking female employees to take a smear test is a proportionate means of achieving that, given anyone can develop cancer or any other life threatening illness at any time. I’d tell a prospective employer to fuck off if they asked for that. If they withdrew the offer, good, although iI’d probably decide I was going to reject them anyway.

The reason would be that they’d want to know if you might have cervical cancer or any other serious illness before they take you on into a senior role. I think this is quite normal in many different professions, for senior hires.

Something like 10% of the population are on antidepressants so I can't imagine anyone reviewing an OH will be especially concerned by this. It may be that ticking 'yes' on the form means they ask you a few questions to establish if it's being managed and signpost you to things like MH first aiders at work etc.

As for someone saying theybhad tonhave a smear test as part of pre-employment checks, I'm a bit gobsmacked about that! Was it only that particular cancer or were male employes required to have their prostate/ testicles checked? Did both sexes have to have bowel screening? Surely a question to establish if people were up to date with NHS screening could have sufficed?

If you don't want to disclose - Just tick the "no"box on grounds of privacy.
If it ever comes out in the future you can say that it was private health information, the form felt intrusive, and you couldn't see how it was relevant.

As posters have said, you get some extra protections by disclosing a health condition or disability . But you get that protection regardless when you disclose. You can disclose later.

It might be moral to answer truthfully, but protecting your privacy is also moral!

You'll show your employer that you're honest and trustworthy. Not by filling out their intrusive form but by the things you do in the workplace.

I've been in a situation where employees haven't disclosed disability and health until some time down the track. HR sighs, and we wonder if it's going to mean a lot of sick leave, but we also know that stuff like this happens. And it's understandable why employees don't mention private health info.

to add, i agree that revealing depression/depression meds is not all that stigmatising these days. It's so common.

And describing it as 'reactive depression' as one PP said is a good idea

Didn't that happen in a top London store scandal

I dont think it's normal practice, you'd have to consent and they'd have to justify the reason, do men undergo prostate testing, what about breast screening., offering private healthcare including optional smears is different.

yes I believe it did.

Obviously I did consent! Since refusing consent would have meant I couldn’t take up the job. Yes, the male equivalent medical includes a prostate exam for men of the relevant age. I didnt have a mammogram but assume that’s because I was 48 at the time, which I think is below the usual age range for breast screening. Had they asked me to have one, I would have. Re the smear test, I didn’t have much to worry about as I’d had my NHS smear the year before, but I took the view that if I did have any untoward test result, possibly losing the job offer would be the least of my worries anyway, and I’d rather know if anything was wrong with me.

What is your condition?

Op has posted her condition if you read her posts

It really is not "normal" in any way.

It’s entirely normal for partner hires into City/international law firms

An employer in the UK can only ask for medical information that is proportionate and relevant to the job role, absence or health and safety. So if you have a driving role, it's within their remit to ask whether you're medically fit to drive, or have any health conditions which may impact your driving. If you have a role where safety is a critical element (like working at great heights, being a train driver etc) then, again, they are allowed to ask questions to ensure you're fit for the role (or the return to work if you've been sick). If you ask for adjusments to be made for you, they're allowed to ask why you need them.

Employers have no right to require you to complete an occupational health form as part of the recruitment process. You may choose to decline to complete it.

If they've asked you your health background as part of an employer funded insurance package, like providing you with Life Assurance or PMI, then you need to be honest on the form, or decline the cover.