Medical condition - my rights.

Sick_Boy

I have been working for the last 5 years fog a large company.
Currently I have been awaiting for an operation and recovery time could take up to 3 months.

I informed the Human Resources in my company about it.
I have received a letter from HR to present contest letter which is personal data information of my medical history.

I would like to keep my medical condition history to myself as I think this is my personal thing and the company should only know that I am able to perform my duties.
As far as I am concerned I do not need any adjustment into my work.

By knowing my managers I am afraid of leaking the information and making inappropriate comments under my address.

My surgent informed me that the company will get a confirmation letter upon request I am having operation but no other details will be given (Protection Data).

I am aware that is always the best to work with company not against them so I have a good intensions with it.

I would like to know what consequences should I expect if I declined to give the informations about my health condition and operation.

I really appreciate any advice given.

paddedjohn

They may need to know your medical history so they can inform their insurance

antonic

As some one who had surgery last year to improve a problem, but which has still left me with problems at work, I had no qualms about doing the following

1) telling them what the problem was and the need for surgery
2) what the possible consequences could be and what adjustments I may need afterwards.
3) Your manager is obliged to keep this confidential as its "Staff in Confidence - mine did, I just told all my workmates what was going to happen

Finally you need to think "is this a job I want to keep ?" because by NOT co-operating you are making things unnecessarily difficult for yourself.

pickpocketlocket

The phrase you are looking for is data protection.

The company needs to be sure that you are fit to fulfil your role. They also need to ensure that your role could not be contributing to/ causing your condition. You can refuse to give this information, or to consent to a medical opinion/ report being sought, but if you do this it could go against you in any disciplinary/ capability procedure (which may be instigated where such a long absence is concerned).

Why do you not wish to give the information?

Takeaway_Addict

pickpocketlocket wrote: »

The phrase you are looking for is data protection.

The company needs to be sure that you are fit to fulfil your role. They also need to ensure that your role could not be contributing to/ causing your condition as reasonably possible. You can refuse to give this information, or to consent to a medical opinion/ report being sought, but if you do this it could go against you in any disciplinary/ capability procedure (which may be instigated where such a long absence is concerned).

Why do you not wish to give the information?

The company have to make reasonable adjustments not any adjustment

ILW

If you do not tell them, they will come to their own conclusions which will more than likely be even more exotic than the truth.

poet123

You will obviously need to send in sick notes which will have the incapacity in it. Further, an employer needs to know the detail for their sickness policy to be correctly implemented. I am not sure why you would want to keep the detail from the authorised HR dept, who have a duty of care with any info you give. Is the condition something that is embarrassing or that has a negative connotation?

pickpocketlocket

Takeaway_Addict wrote: »

The company have to make reasonable adjustments not any adjustment

I was not talking about reasonable adjustments. If a job is making someone ill, then the employer needs to be aware. What they can or will do about it is another matter.

Takeaway_Addict

pickpocketlocket wrote: »

I was not talking about reasonable adjustments. If a job is making someone ill, then the employer needs to be aware. What they can or will do about it is another matter.

That's not what you said, You said they need to ensure it isn't causing the problem but obviously this is not always possible...thus reasonable coming into the situation

pickpocketlocket

Takeaway_Addict wrote: »

That's not what you said, You said they need to ensure it isn't causing the problem but obviously this is not always possible...thus reasonable coming into the situation

Now read what I said in context, the OP has already said that no adjustments are required, so your ramblings are irrelevant. Do you have anything useful to contribute?

chanie

It sounds like they either want to write to your GP or go via an Occupational Health Service (who are medical staff and act as an intemidary between the employer and your GP).

If you consent, you can always agree with HR what information they will ask for and you can liaise with your GP to see a copy of the report before they send it to your employer. Your GP doesn't have to disclose the nature of your condition for example, I've seen reports that say 'the employee has a gynaecological condition' which could be anything from a miscarriage to cervical cancer and whatever else is in-between.

If you don't agree, your employer can only make adjustments based on what they know (which may not be much) and it may be to your detriment, as the employer can only make reasonable adjustments on what they know.

WHat I'm trying to say is that the process is supposed to be supportive and there are ways of providing your employer with the information needed to assist you whilst allowing you to retain your privacy. It is understandable that you are concerned and I'm sure that HR will be able to put your mind at rest.

Good luck with your operation and whatever you decide to do.