Can future potential employers ask for your medical records? (About to be signed off for stress and worried about future implications)

[angelonthetree]

Hi All, Bit of background:

My GP has suggested signing me off in the new year due to stress and depression. (I have basically been bullied, marginalised and discriminated against since returning to work part time in the spring after having my 1st child).

I am pursuing this issue with HR in the new year but I believe a few weeks off whilst this is all underway could do me the world of good.

My question is this - I will inevitably end up leaving my company in the next few months - couple of years (depending how it all goes) and I would be concerned about a future employer finding out i'd had time off for stress.

Are medical records/sick days usually asked for at any stage of the recruitment process? I am in marketing and I don't believe it is 'normal' to be asked for this information but I wonder if anyone out there can advise what a potential employer can and cannot ask and what I would have to legally disclose.

Many Thanks for taking the time to read this post

I believe employers can only ask AFTER the job offer has been made. Hth.

Probably not. Most employers have stopped asking for medical records as part of the recruitment process unless they are essential for the job (eg good eye sight for a driving job). This is because if they asked for them and then withdrew an offer of employment based on the contents that could be seen as discrimination. So to avoid any problems employers tend not to ask for your medical records.

If you are asked for your medical records it should be for the purposes of managing health and safety in the workplace. You can agree to disclose them after an offer of employment to keep everything straight if you prefer.

More information here: www.direct.gov.uk/en/Employment/Startinganewjob/DG_10026518

I am more concerned about the behaviour you describe at work, particularly if it's making you ill. Have you thought about making a grievance sooner rather than later?

Sorry, in my example I implied they might ask for medical records if there is a requirement for the job. I meant they might ask you to have a health check. Rarely would an employer need an employee's medical history and if you doubt there is a good reason for the request do ask why they need the information. If there is a genuine reason they won't mind saying and if there isn't then you can decide whether you wish to decline their request.

I am no expert but I have certainly be asked to complete comprehensive medical forms after being offered jobs, including giving access to my medical records. Often jobs have been advertised as subject to references & medical checks - is this not allowed then?

I think it often happens in public sector type jobs as there are often generous sick leave policies.

Companies can ask for sick leave taken etc only AFTER a job offer has been made, not as part of the recruitment process. They could ask medical related questions at the application stage IF absolutely necessary for the job (eg if physical/manual work etc) but certainly not as standard.

Sorry - the above is as a result of the Equality Act and to reduce any opportunities for discrimination in the recruitment process.

Hi All, thank you so much for the helpful responses. It makes me certain i will take the DR up on the offer of signing me off for a bit.

Isladoit Thanks for the concern. I am also going to set up a meeting with HR to either start the grievance procedure or get them to find me another role. I know I cannot go on like this.

Thanks all. Any other advice welcome